ADDITIONAL TERMS AND CONDITIONS FOR QUOTES AND ESTIMATES -AltaStreet Financial Websites and Marketing

Updated May 8th, 2018 – Please print for your records.

BACKGROUND
Online electronic approval of a project quote/estimate indicates your acceptance of the terms and conditions outlined below.
This is an agreement between you (the client entity to which the quote/estimate is issued) and AltaStreet Financial Websites & Marketing, LLC.

SUMMARY.
We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We have
no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

IN SHORT.
You are hiring us (“We or Us”) to complete all approved services outlined in the Scope section of this proposal, for the total price outlined in the Project Investment section. Of course it’s a little more complicated, but we’ll get to that.

WHAT DO BOTH PARTIES AGREE TO?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, and provide feedback and approval in a timely
manner. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in this contract. Us: We have the experience and ability to do everything we’ve offered to do and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and, on top of that, we’ll maintain the confidentiality of everything you give to us.

GETTING DOWN TO THE NITTY GRITTY.

WEBSITE DESIGNS.
When creating websites, we create designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly WordPress so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (color, texture and
typography.) We call that the “look and feel” of the design. You’ll have plenty of opportunities to review our work and provide feedback. We’ll share static files via email and or actual development sites, and we’ll have regular
contact — usually multiple times per week.

COPYWRITING.
Unless it’s included in the Scope section, we’re not responsible for generating the text/copy for every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content for you, we can provide a separate estimate for that. If we’re providing inbound marketing services as part of your
scope, however, we will absolutely be collaborating with you to generate and/or edit significant amounts of copy for things like social media posts, blog posts, and downloadable offers (specifics are outlined in the Scope section).

PROVIDED CONTENT.
Any text/copy/data that you provide as content for your website needs to be in editable electronic format. That typically means Word documents (or similar), text documents, editable PDFs, etc. Non-editable documents such as printed pages, scanned documents, and any format that doesn’t allow us to copy and paste are not acceptable.
For content that includes significant meta data, such as larger collections of products, profiles, bios, statistics, etc., you will need to provide document in normalized format, such as .CSV, Microsoft Excel, or similar. Unless we have agreed otherwise in writing (such as when you’re paying us to edit), any content that you provide should be final and approved. When we populate content on the website as part of the project, our fees only cover the time to do so once. If we populate content that you’ve provided and you then decide that changes are necessary, your options will be to make the changes yourself (don’t worry, we’ll train you on how to do so) or pay us by the hour to make as many changes as you wish. Any such changes will be billed at our standard hourly rate.

GRAPHICS AND PHOTOS.
You should supply graphic files (such as logos) in an editable, vector digital format. You should supply photos in a high resolution digital format. If you prefer to use stock photographs, we can suggest stock libraries and we will make suggestions. We purchase images on your behalf from an online stock library.

BROWSER TESTING.
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’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
● iOS: Safari, Google Chrome
● Android: Google Chrome on Android Emulator

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

TECHNICAL SUPPORT.
Although we commonly manage a website hosting billing relationship on behalf of clients, we’re not a website hosting company, so we can’t be held accountable for hosting issues like downtime and data loss. Responsibility for those issues will lie solely with the hosting company. Nevertheless, we love maintaining ongoing support relationships with our clients, so we’ll endeavor to be your first point of support for all such issue. We’ll typically invoice you for that support time, unless you’re on a flat-rate plan with us.

SEARCH ENGINE OPTIMIZATION (SEO).
If this Scope includes search engine optimization (and inbound marketing always does), we will be able to make significant improvements to your site’s SEO. However, like any good SEO partner, we don’t guarantee a specific level of ranking because too many factors are out of our control. Even if the Scope doesn’t include SEO, we always
endeavor to leverage SEO best practices, so that all web pages that we develop are accessible to search engines.

CHANGES AND REVISIONS.
We don’t want to limit your ability to change your mind. The price in the Budget section of this document is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem
as we’ll provide a separate estimate for those additional requests. After client has agreed on the final design and we are in development, we cannot go back to design changes, if they do they will be billed for the time. However, while we are in the Design Phase, we will allow as many revisions as needed. (No one does this! This is why our
Clients are always happy!)

LEGAL STUFF.
We’ll carry out our work in accordance with good industry practices and at the standard expected from a suitably qualified agency with relevant experience. That said, we can’t guarantee that our work will be error-free and therefore 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. Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. We will not give refunds for client’s inability to work with us for the timely completion of the project.
We stay on top of our clients to get projects done! Phew.

INTELLECTUAL PROPERTY RIGHTS.
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world. Blimey.

First, 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. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re
using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you, plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

TERMINATION.
Some of our services are offered at a particular price based on your commitment to a minimum length of time. Those services cannot be terminated before the end of the period of time outlined in the Budget section unless you still pay us for the full contract value. For project-based work, if you, at any time, change your mind about what you want to
have delivered and are not happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.

DISPLAYING OUR WORK.
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

PAYMENT SCHEDULE.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tightly to the payment schedule outlined in your estimate/quote. We issue invoices electronically. We’ll send the invoices to whatever email address you specify. It will then be your responsibility to let us know if that address ever needs to be changed due to staff turnover, technical updates, or any other reason. If you are on a Monthly Payment Plan, we require that this is set up on Auto Payments, to avoid hassles. We reserve the right to charge 3% interest on all debts older than 90 days. That interest will compound every 90 days until the balance is paid. If any invoice for services in the Scope section isn’t paid within 45 days, we reserve the right to terminate this contract. If we manage the hosting of your website and any of your invoices isn’t paid within 90 days, we reserve the right to disable or permanently delete your website, depending on the capabilities provided by the hosting company.

NO SOLICITATION.
While we’re working together, and for a period of 6 months beyond, you won’t try to hire any of our team members. If you do, you’ll pay us an agency commission of 25% of the person’s current annual monetary compensation.

BUT WHERE’S ALL THE HORRIBLE SMALL PRINT?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of the state of Ohio for US Companies or Ontario for Canadian Companies.