{"id":685,"date":"2018-01-25T17:32:04","date_gmt":"2018-01-25T17:32:04","guid":{"rendered":"http:\/\/myquickstartup.com\/?page_id=685"},"modified":"2018-03-27T01:25:50","modified_gmt":"2018-03-27T01:25:50","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/myquickstartup.com\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"[mk_page_section][vc_column][vc_row_inner][vc_column_inner][vc_column_text css=”.vc_custom_1521477126492{margin-bottom: 0px !important;}”]\n
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes.<\/p>\n
You\u2019ll have two or more opportunities to review our work and provide feedback in the form of revisions. If, at any stage, you\u2019re not happy with the direction our work is taking, you will pay us in full for everything we\u2019ve produced up to that that point and then cancel this contract.<\/p>\n
Writing or inputting any text copy is not included in this contract. \u00a0If you\u2019d like us to write new content or input text for you, we\u2019re happy to provide a separate estimate for that.<\/p>\n
This proposal includes optional stock photography in the amount of up to 3% of the total payment. If you choose to pick these stock photographs yourself, we can suggest stock libraries and style of photography\/images. When providing your own photographs, they must be in provided in the proper file formatting, dimensions, and resolution as mentioned in this proposal. All photographs must be submitted to the Google Drive folder provided.<\/p>\n
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person\u2019s experience of a design should be appropriate to the capabilities of a browser or device.<\/p>\n
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We\u2019ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We\u2019ll implement a single column design for Internet Explorer 7 and below for Windows but we won\u2019t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.<\/p>\n
Testing popular small-screen devices is essential in ensuring that a person\u2019s experience of a design is appropriate to the capabilities of the device they\u2019re using. We test our work in:<\/p>\n
We currently don\u2019t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.<\/p>\n
We\u2019re not a website hosting company so we don\u2019t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don\u2019t, we can set up an account for you at our preferred hosting provider which is GoDaddy.<\/p>\n
We can set up your site on a server, plus any statistics software such as Google Analytics. After that, any updates to, and management of that server will be up to you.<\/p>\n
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don\u2019t want to limit your ability to change your mind or make decisions later when you might be better informed. \u00a0The price at the beginning of this contract is based on the length of time we estimate we\u2019ll need to accomplish everything you\u2019ve told us you want to achieve, but we\u2019re happy to be flexible. If you want to change your mind or add anything new, that won\u2019t be a problem as we\u2019ll provide a separate estimate for to cover the additional work.<\/p>\n
We can\u2019t guarantee that our work will be error-free (we\u2019re human!) so we can\u2019t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you\u2019ve advised us of them.<\/p>\n
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.<\/p>\n
Functionality or feature requests above and beyond those listed in the budget and\/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended.<\/p>\n
Please note that the balance of the website must be collected on the 60th \u00a0day after project commencement regardless of the current revision or phase the project is on. After 10 additional days, any further revisions will be charged hourly regardless of the current phase. With full cooperation the website can be done within 6 weeks. These clauses just prevent website projects going on for many months or sometimes never being finished at all as some clients go missing or take long to give us their revisions and\/or needed content.<\/p>\n
We\u2019re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We\u2019re also sure you\u2019ll want to maintain a positive working relationship and keep the project moving forward, \u00a0so you agree to stick tight to the following payment schedule.<\/p>\n
The total budget for this project: (total)<\/span><\/p>\n My Quick Startup<\/span> will invoice (Client)\u00a0for fifty per cent (50%) of the initial fees at point of this signed contract agreement which will act as the deposit. \u00a0After approval of Phase 3 (Homepage Design Revisions), an additional 25% will be charged. \u00a0The remaining 25% balance will be charge at completion of the project, prior to transferring the site to your server.<\/p>\n In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.<\/p>\n You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.<\/p>\n We can\u2019t guarantee that our work will be error-free (we\u2019re human!) so we can\u2019t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you\u2019ve advised us of them.<\/p>\n We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).<\/p>\n You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.<\/p>\n Then when your final payment has cleared, copyright will be automatically assigned as follows:<\/p>\n You\u2019ll own the visual elements that we create for this project. We\u2019ll give you source files and finished files and you should keep them somewhere safe as we\u2019re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.<\/p>\n We\u2019ll own the unique combination of these elements that constitutes a complete design and we\u2019ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.<\/p>\n You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.<\/p>\n My Quick Startup<\/span> acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by\u00a0My Quick Startup<\/span>\u00a0on behalf of (Client)\u00a0or disclosed by (Client)\u00a0to My Quick Startup<\/span>.<\/p>\n Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.<\/p>\n In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the (Client), if the (Client) materially breaches its obligations to make payment pursuant to this Agreement.<\/p>\n Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and\/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of (Client), that any such materials and services, are non cancelable.<\/p>\n If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.<\/p>\n Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by (Client)<\/span> to My Quick Startup<\/span>, My Quick Startup\u00a0<\/span>shall transfer, assign and make available to (Client)<\/span> all property and materials in its possession or control belonging to (Client). \u00a0agrees (Client)\u00a0to pay for all costs associated with the transfer of materials.<\/p>\n This Agreement shall be governed and construed in accordance with the laws of the State of New York.<\/p>\n The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.<\/p>\n Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.<\/p>\n If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.<\/p>\n (Client)<\/span>, to accept this contract, click the Accept button and sign at the prompt. You will be emailed a copy for your records<\/p>\n[\/vc_column_text][\/vc_accordion_tab][vc_accordion_tab title=”Internet Marketing”][vc_column_text css=”.vc_custom_1522113961388{margin-bottom: 0px !important;}”]You\u00a0(Client), are hiring\u00a0My Quick Startup to perform\u00a0Internet Marketing\u00a0for the estimated total price of\u00a0(Total)\u00a0as outlined in our previous correspondence.<\/span><\/p>\n We can’t guarantee that our work will be error-free (we’re human!) so 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, even if you’ve advised us of them.<\/p>\n We are not obligated to address any assessments or audits provided by third party companies. \u00a0This includes search engine reports or website audits, which are oftentimes fabricated as an attempt to poach business. \u00a0We ensure that we will do our duty to deliver you the best results, but will not be subjected to fabricated comparison.<\/p>\n We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.<\/p>\n Requests above and beyond those listed in the budget may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go unpaid for longer than 30 days may be stopped and to resume work at the discretion of\u00a0My Quick Startup.<\/span><\/p>\n We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.<\/p>\n The total budget for this project:\u00a0(Total)<\/span><\/strong><\/p>\n My Quick Startup\u00a0will invoice\u00a0(Client)\u00a0for one hundred per cent (100%) of the initial fees at the point of this signed contract agreement which will act as funding for this project.<\/span><\/p>\n You have the right to modify, reject, cancel or stop any and all plans or work in process. However, all payments are final and refunds are not accepted after project commencement.<\/p>\n We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).<\/p>\n You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them. Then when your final payment has cleared, copyright will be automatically assigned as follows:<\/p>\n You’ll own the visual elements that we create for this project. \u00a0You own all elements of text, images and data you provided, unless someone else owns them.<\/p>\n You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.<\/p>\n My Quick Startup\u00a0acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by\u00a0My Quick Startup\u00a0on behalf of\u00a0(Client)\u00a0or disclosed by\u00a0(Client)\u00a0to\u00a0My Quick Startup.<\/span><\/p>\n This Agreement shall become effective as of\u00a0(Date)\u00a0and shall continue until terminated by either party upon not less than 14 days notice in writing given by either party to the other.<\/span><\/p>\n Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.<\/p>\n In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.<\/p>\n Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and\/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the\u00a0(Client), that any such materials and services, are non cancelable.<\/span><\/p>\n 8.4 MATERIALS UNPAID FOR<\/p>\n If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.<\/p>\n Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by\u00a0(Client)\u00a0to\u00a0My Quick Startup,\u00a0My Quick Startup\u00a0shall transfer, assign and make available to\u00a0(Client)\u00a0all property and materials in its possession or control belonging to\u00a0(Client).\u00a0(Client)\u00a0agrees to pay for all costs associated with the transfer of materials.<\/span><\/p>\n This Agreement shall be governed and construed in accordance with the laws of the city, state, and country of Brooklyn, New York, United States of America.<\/p>\n The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.<\/p>\n Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.<\/p>\n If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.<\/p>\n[\/vc_column_text][\/vc_accordion_tab][\/vc_accordions][\/vc_column][\/vc_row]\n","protected":false},"excerpt":{"rendered":" [mk_page_section][vc_column][vc_row_inner][vc_column_inner][vc_column_text css=”.vc_custom_1521477126492{margin-bottom: 0px !important;}”] Terms of Service [\/vc_column_text][\/vc_column_inner][\/vc_row_inner][\/vc_column][\/mk_page_section][vc_row][vc_column][vc_column_text css=”.vc_custom_1522113325880{margin-bottom: 0px !important;}”]By engaging in any of our services, you agree to abide by the following terms of service.[\/vc_column_text][vc_accordions][vc_accordion_tab icon=”mk-icon-desktop” title=”Web Design”][vc_column_text css=”.vc_custom_1521477346628{margin-bottom: 0px !important;}”] 1.0 Services Rendered 1.1 Design We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_mi_skip_tracking":false},"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/myquickstartup.com\/wp-json\/wp\/v2\/pages\/685"}],"collection":[{"href":"https:\/\/myquickstartup.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/myquickstartup.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/myquickstartup.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/myquickstartup.com\/wp-json\/wp\/v2\/comments?post=685"}],"version-history":[{"count":10,"href":"https:\/\/myquickstartup.com\/wp-json\/wp\/v2\/pages\/685\/revisions"}],"predecessor-version":[{"id":991,"href":"https:\/\/myquickstartup.com\/wp-json\/wp\/v2\/pages\/685\/revisions\/991"}],"wp:attachment":[{"href":"https:\/\/myquickstartup.com\/wp-json\/wp\/v2\/media?parent=685"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}4.2 Collection Costs<\/h4>\n
5.0 Cancellation of Plans<\/h2>\n
6.0 Responsibilities of My Quick Startup<\/span> and (Client)<\/h2>\n
6.1 My Quick Startup<\/span>‘s Responsibility for Releases<\/h4>\n
6.2 Client Responsibility for Releases<\/h4>\n
6.3 Client Responsibility for Accuracy<\/h4>\n
7.0 Confidentiality<\/h2>\n
8.0 Term and Termination<\/h2>\n
8.1 Period of Agreement and Notice of Terminology<\/h4>\n
8.2 Payment for Non-Cancelable Materials<\/h4>\n
8.3 Materials Unpaid For<\/h4>\n
8.4 Transfer of Materials<\/h4>\n
9.0 General Provisions<\/h2>\n
9.1 Governing Law<\/h4>\n
9.2 Representations and Warranties<\/h4>\n
9.3 Entire Agreement<\/h4>\n
9.4 Severability<\/h4>\n
1.0 Services Rendered<\/h2>\n
1.1 ERRORS<\/h4>\n
2.0 Mutual Cooperation<\/h2>\n
3.0 Charges for Services Performed<\/h2>\n
4.0 Terms of Payment<\/h2>\n
4.1 BILLING SCHEDULE<\/h4>\n
5.0 Cancellation of Plans<\/h2>\n
6.0 Responsibilities of My Quick Startup and (Client)<\/span><\/h2>\n
6.1 My Quick Startup’S RESPONSIBILITY FOR RELEASES<\/span><\/h4>\n
6.2 (Client)’S RESPONSIBILITY FOR RELEASES<\/span><\/h4>\n
6.3 CLIENT RESPONSIBILITY FOR ACCURACY<\/h4>\n
7.0 Confidentiality<\/h2>\n
8.0 Term and Termination<\/h2>\n
8.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION<\/h4>\n
8.2 TERMINATION FOR CAUSE<\/h4>\n
8.3 PAYMENT FOR NON-CANCELABLE MATERIALS?<\/h4>\n
8.5 TRANSFER OF MATERIALS<\/h4>\n
9.0 General Provisions<\/h2>\n
9.1 GOVERNING LAW<\/h4>\n
9.2 REPRESENTATIONS AND WARRANTIES<\/h4>\n
9.3 ENTIRE AGREEMENT<\/h4>\n