I understand that I will receive all invoices and receipts via email. If I cancel before the site is complete, the deposit is non-refundable. If I cancel after the 3rd week of signing this agreement, I agree to pay the remaining balance in full upon receipt of final invoice. If the website is being paid on a monthly plan the “remaining balance” will be the stated value of the website minus the amount already paid for the website. If the website value is not specified on the contract, then the value will be considered $4500 for a static website or $12,500 for an E-Commerce website.
These service specific terms apply solely to your use of the chosen services provided to you by Click4Corp and specified in this Addendum. Click4Corp reserves the right, upon thirty (30) days prior written notice, to change or modify its Services Addendum.
Click4Corp reserves the right to monitor or remove any information transmitted or received through the website, or to terminate your access to and use of the website, at any time, without notice, in its sole discretion. Due to the following circumstances, but not limited to, any unlawful use of the website may result in removal of messages and/or termination of your access to the website: Using the website for illegal purposes or for the transmission of material that is harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable; posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights of others; impersonating someone else; using the website for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of email; or posting improper or off-topic messages.
Your use of the website is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute, or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation.
Content. You are solely responsible for the accuracy of your content. You also represent and warrant that (1) you own or have the right to use the content and (2) no part of the content violates or infringes upon the patent, copyright, trade secret, trademarks or other intellectual property rights of any person or entity. You agree to indemnify and hold harmless Click4Corp from any claim or loss, of any kind or nature, resulting from or regarding the warranties set forth in this paragraph.
Payment of Fees, Taxes and Records
Fees. You agree to pay Click4Corp such fees and charges as agreed.
Any invoice not satisfied by the 10th day after due date will be subject to 5% late payment fee. Any failed automatic payment is subject to a $25.00 decline fee. Any invoice not satisfied by the 30th day after due date will subject the client’s site (including email) to disconnection. If the site is disconnected there is a $55.00 reconnect fee that will apply.
Billing. All accounts must be secured by an active credit card with current expiration date at all times. If a client chooses to pay by check, then there will be an additional processing fee of $15 attached to each invoice.
Taxes. All payments due to Click4Corp under this Addendum shall be made free and clear of any taxes. You will reimburse Click4Corp by making additional payments for, and will indemnify and hold Click4Corp harmless from and against: (I) all taxes, whether required by law to be withheld or deducted by you from any payment (in which case, you will provide Click4Corp a duly certified copy of the receipt for such payment from the taxing authorities) or assessed or levied upon, collected from, or paid or payable by Click4Corp, and (ii) any additional taxes imposed on Click4Corp as a result of any reimbursements of, or indemnities against, any taxes under this provision, in each case such that Click4Corp is paid a net amount equal to the amount Click4Corp would have received and retained but for such taxes. The term “taxes” means any present or future taxes, levies, duties, fees, assessments or other charges (except for those imposed on Click4Corp’s income, or capital or taxes on payroll of Click4Corp’s employees), and all interest, penalties or similar liabilities with respect thereto, of whatever nature now or hereafter imposed by any taxing authority and solely arising out of or in connection with this Addendum.
Images are the client’s responsibility; Click4Corp will provide you with 5 stock images. Each additional stock image provided by Click4Corp will be at a cost of $50 per image. If images are provided by the client, you and your company take full responsibility of the photos that have been added to the site based on your request. You agree not to hold Click4Corp responsible for any copyright or legal issues that may arise out of any company’s use of the photos. You are aware that Click4Corp is not the owner of the copyright of the picture(s) you send us.
FTP / Domain Transfer
After the site is paid in full, you OWN it and you have the right to get full access to it and its information. If you need access to it and its files, we will provide you with the access information. Please be aware that there is a fee of $125.00 per hour to repair any damage to the website incurred by anyone not under the direct authority of Click4Corp. You are responsible for any detrimental activity caused by you or anyone you provide your FTP information to. By providing FTP information, Click4Corp will no longer provide free updates and all future updates to the site would now be your responsibility.
In the event you choose to cancel your contract with Click4Corp you must have a zero balance before we provide any access or release of your website and domain(s). Click4Corp logo must remain on the site; if the logo is removed, a $500 rebranding fee will apply. Contract cancellation requests must be received through email from the account holder on file. If you would like to authorize any person to act on your behalf, we must receive the request by email. DNS changes must also be requested by email.
Hosting charges will be paid monthly, unless otherwise agreed upon. Any hosting charges not satisfied by the 10th day after due date will subject the client’s site to disconnection. After 60 days, if hosting charges remain unpaid, all site information including but not limited to: email addresses, files, images, design, and content, will be removed from our servers and no longer recoverable. All hosting packages include 3GB of email storage. Additional email storage can be added to the hosting package at a rate of $1 per GB per month, at a minimum of 7GB.
If you do not renew your domain name before it expires, there will be a 30 day redemption period. The redemption charge is $125.00 per domain name. After the domain redemption period is over, you will lose ownership of the domain and the domain name will be put up for auction. If the domain is renewed on Click4Corp funds, Click4Corp will gain ownership of the domain, and has the right to sell the domain name to any business, including competitors, or create another web site with that domain name.
Click4Corp will provide you with the design, database and structure of the website.
Website will take a minimum of 6 to 8 weeks to complete.
Click4Corp will add 10-15 items to the website you will be responsible for adding the rest. If you provide an excel file with all the products we will import it for you.
It is your responsibility to provide us with your shipping companies and access to the developer account.
It is your responsibility to provide us with your merchant information.
Web Design Terms:
You own the website, layout, content and images upon final payment.
Website cannot be used for multiple domains unless approved by Click4Corp.
If we have to transfer the domain to our server, it is your responsibility to provide us with the username and password of current host server.
The website payment agreement is 50% down at signing and 50% due within 30 days or upon completion, whichever comes first, unless otherwise stated on contract.
Client will have access to our help desk services which are available during our standard business hours as well as emergency tech support 24 hours per day, 7 days a week with a 60 minute response time for telephone calls and 24 hour response time for e-mail communications. Please allow 2-3 business days for updates; extra time may be needed for major changes to design or programming. It is your responsibility to approve the changes before we publish them to the live server.
Monthly Search Engine Optimization Terms
Normally takes 4-6 months for results to show up on Google.
It is your responsibility to provide your Google and Bing pin number so that we can list your website on the search engines. (Your pin will either come in the mail on a postcard or as an automated phone call from Google and Bing.)
SEO is a 12 month commitment. If you cancel after 6 months, the cancellation fee is the cost of the monthly package times 2 months. If you cancel before 6 months, you will be responsible for paying up to 6 months plus the cancellation fee.
It is your responsibility to provide at least 3 keywords and 3 cities for your website; we will help with the rest.
No reports will be provided before 90 days.
*** The one-time SEO prep offered with every package is only making the site Google compliant and preparing the website for Search Engine Optimization and DOES NOT guarantee the same results as monthly search engine optimization***
PPC Account Disclaimer
PPC accounts owned by the client are the responsibility of the client. By signing this agreement, you are granting Click4Corp access to your PPC account to create and manage the contracted campaign. Click4Corp will monitor the PPC account performance, but is not responsible for other campaigns within the PPC account. Click4Corp is not responsible for adjustments to spending on the account; we will only provide a recommendation. Any charges from Google for the PPC account are the sole responsibility of the client. Click4Corp only charges for the management of the PPC account.
Tracking Number Disclaimer
You OWN the tracking number attached to your website. Tracking numbers are included in SEO services. If you cancel SEO services, you may elect to keep the tracking number service for $50/month. You have the right to transfer the tracking number to your own account at no additional fee.
If you do not renew the tracking number service, or fail to pay for the service, then Click4Corp retains the right to forward the number to any client of its choosing, or may delete the number entirely. Once deleted, the tracking number and all information attached to the tracking number will be deleted and cannot be retrieved.
The terms of this Agreement shall control over any conflicting terms in any referenced agreement or document.
This Agreement sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. This Agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement.
This Agreement, and any dispute arising out of said Agreement, shall be governed by the laws of the State of Texas. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any State court located with Collin County, State of Texas in connection with any matter arising out of this Agreement or the transactions contemplated under this Agreement; and agree not to commence any action or proceeding relating to this Agreement except in the selected courts.
Each party hereby irrevocably waives its rights to trial by jury in any Action or proceeding arising out of this Agreement of the transactions relating to its subject matter.