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Terms of Service
The following terms and conditions apply to all website development/design services Upsway Marketing LLC provides to clients.
1. Acceptance
No client needs to have signed an acceptance of these terms and conditions to apply. If a client accepts a quote, the client will be deemed to have satisfied themselves as to the terms applying 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 Upsway Marketing LLC are defined in the project quotation that the client receives via e-mail. Quotations are valid for a period of 30 days. Upsway Marketing LLC reserves the right to alter or decline to provide a quotation after the expiry of the 30 days. Unless agreed otherwise with the client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the client for review. A second charge of twenty-five (25) percent is required after the development stage. The remaining twenty-five (25) percent of the project quotation is due upon completion of the work before uploading the server or releasing materials. Payment for services is due by online payment or physical mail-in checks. You will be provided with a secure online payment link hosted by Wix, or you may opt to mail a check to our physical address. Payments should be made payable to Upsway Marketing LLC.
3. Client Review
Upsway Marketing LLC will provide the client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. After the project, such materials will be deemed to be accepted and approved unless the client notifies Upsway Marketing LLC; otherwise, within ten (10) days of the date, the materials are made available to the client.
4. Turnaround Time and Content Control
Upsway Marketing LLC will install and publicly post or supply the client's website by the date specified in the project proposal or at the date agreed with the client upon Upsway Marketing LLC receiving initial payment unless a delay is specifically requested by the client and agreed by Upsway Marketing LLC In return, the client agrees to delegate a single individual as a primary contact to aid Upsway Marketing LLC with progressing the commission satisfactorily and expediently. Upsway Marketing LLC will require the client to provide website content, text, images, movies, and sound files during the project.
5. Failure to provide required website content:
To remain efficient, Upsway Marketing LLC must ensure that the work we have programmed is carried out at the scheduled time. Occasionally, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
If your project involves Search Engine Optimization, we need the text content for your site in advance so that the SEO can be planned and completed efficiently. This is why we ask that you provide all the required information in advance. Occasionally, progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed. As a result, we reserve the right to impose a surcharge of up to 25%.
Suppose you agree to provide us with the required information and subsequently fail to do within one week of project commencement. In that case, we reserve the right to close the project, and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
NOTE: Text content should be delivered via Google Drive, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system, you can keep your content up to date yourself.
6. Payment
Upsway Marketing LLC will provide invoices upon completion before publishing the live website. Invoices are normally sent via email; however, the client may receive hard-copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the invoice date will be assessed a service charge of the higher of one and one-half percent (1.5%) or $30 per month of the total amount due.
7. Additional Expenses
The client agrees to reimburse Upsway Marketing LLC for any additional expenses necessary to complete the work. Examples would be the purchase of special fonts, stock photography, etc.
8. Web Browsers
Upsway Marketing LLC makes every effort to ensure that websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g., Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). The client agrees that Upsway Marketing LLC cannot guarantee correct functionality with all browser software across different operating systems. Upsway Marketing LLC cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the client. As such, Upsway Marketing LLC reserves the right to quote for any work involved in changing the website design or website code to work with updated browser software.
9. Default
Accounts unpaid thirty (30) days after the invoice date will be considered in default. If the client, in default maintains any information or files on Upsway Marketing LLC's Webspace, Upsway Marketing LLC will, at its discretion, remove all such material from its web space. Upsway Marketing LLC is not responsible for any data loss incurred due to the removal of the service. Removing such material does not relieve the client of the obligation to pay any outstanding charges assessed to the client's account. Clients with accounts in default agree to pay Upsway Marketing LLC reasonable expenses, including legal fees and costs for collection by third-party agencies incurred by Upsway Marketing LLC in enforcing these Terms and Conditions.
10. Termination
The client's termination of services must be requested in a written notice and will be effective on receiving 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 work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
All Upsway Marketing LLC services may be used for lawful purposes only. You agree to indemnify and hold Upsway Marketing LLC harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The client retains the copyright to data, files, and graphic logos provided and grants Upsway Marketing LLC the rights to publish and use such material. The client must obtain permission and rights to use any information or files copyrighted by a third party. The client is further responsible for granting Upsway Marketing LLC permission and rights to use the same and agrees to indemnify and hold harmless Upsway Marketing LLC from any claims resulting from the client's negligence or inability to obtain proper copyright permissions. A contract for website design and placement shall be regarded as a guarantee by the client to Upsway Marketing LLC that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that the client will provide any text in electronic format. All photographs and other graphics will be provided in high quality and resolution suitable for the project.
14. Design Credit
A link to Upsway Marketing LLC will appear in either a small type or a small graphic at the bottom of the website. If a graphic is used, it will be designed to fit the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The client also agrees that the website developed for the client may be presented in Upsway Marketing LLC's portfolio.
15. Access Requirements
Suppose the client's website is to be installed on a third-party server. In that case, Upsway Marketing LLC must be granted temporary read/write access to the client's storage directories accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Upsway Marketing LLC cannot accept responsibility for any alterations caused by a third party occurring to the client's pages once installed. Such alterations include, but are not limited to, additions, modifications, or deletions.
17. Domain Names
Upsway Marketing LLC may purchase domain names on behalf of the client. Payment and renewal of those domain names are the responsibility of the client. The client should record the due dates for payment to ensure that payment is received in good time. The loss, cancellation, or otherwise of the domain brought about by non/late payment is not the responsibility of Upsway Marketing LLC.
18. General
These Terms and Conditions supersede all previous representations, understandings, or agreements. The client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Social Media Management
Social Media Marketing and Management is defined as helping a promote their products or services through social media channels. Upsway Marketing LLC will honor the components of your chosen social media package, providing an agreement to a minimum three months contract is served, and monthly payments are received in advance. If payment is not received on time, we regret that further work will be halted until this is rectified.
20. Governing Law
This Agreement shall be governed by US Law.
21. Liability
Upsway Marketing LLC 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 s' artwork/photos supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
22. 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 parties' intention underlying the invalid.
23. Changes to the Original Scope of Work
Our top priority during the project will be completing the project with quality and time. The client will be provided with three changes (minor changes) in total to the project. If the number of changes increases, the client will be charged for the said changes.
Record Maintenance
We will record your finalized design once we provide you with the final files.
If you require the final files again in the future, we can send them to you at your request.
Communication Policy
You agree that Upsway Marketing LLC is not liable for any correspondence from email address(es) other than the ones followed by our domain, i.e., "...@upswaymarketing.com" or/and any toll-free number that is not mentioned on our website. Upsway Marketing LLC should not be held responsible for any damage(s) caused by such correspondence. We only take responsibility for any communication through email address(es) under our domain name or/and via toll-free number, i.e., already mentioned on Upsway Marketing LLC Website. Customer Support
We offer 24-Hour Customer Support to address your queries and questions. You can contact us any time.