The following terms and conditions apply to all website development / design services provided by MARKETING PROVISIONS, INC. (Company) to the Client.
– Website Development / Design Services
The initiation of a web design or development project requires a signed or electronically submitted agreement, although it is not necessary. If a Client accepts a quote either verbally or by submitting payment, then the Client will be deemed to have accepted the quote and terms
Please read these terms and conditions carefully. Any use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by MARKETING PROVISIONS, INC. are defined in the project quote that the Client receives via e-mail. Quotes are valid for a period of 30 days. MARKETING PROVISIONS, INC. reserves the right to alter or decline a quotation after 30 days of the initial quote.
Unless agreed otherwise with the Client, all design services require a deposit of fifty percent (50%) of the project total before the work is begun and submitted to the Client for review. The remaining fifty percent (50%) is due upon completion of the work, prior to upload to the server or release of materials.
Once the remaining balance is paid in full, the completed website will be moved from the development stage to the fully functional live website. At that time, MARKETING PROVISIONS, INC. will also register the client’s website with Google, Yahoo, and Bing search engines.
Invoices will be provided by MARKETING PROVISIONS, INC. upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of 25% per month added to the total amount due.
Payment for services is due by check or credit card. Checks should be made payable to Marketing Provisions Inc and sent to Marketing Provisions, 700 Highway 17 S, Suite J, Surfside Beach, SC.
A partial refund may be considered if the project is within 24 hours of signed contract to perform services. The partial refund will exclude any expenses incurred by MARKETING PROVISIONS, INC. in starting the said project.
3. Additional Expenses
Client agrees to reimburse MARKETING PROVISIONS, INC. for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, licenses, etc.
4. Project Timeliness
MARKETING PROVISIONS, INC. is a small business and to remain efficient we must ensure that work we have scheduled is carried out at an appropriate timeline. On occasion we may have to reject offers and enquiries for other work to ensure that your work is completed at the time arranged.
Marketing Provisions Inc. cannot complete a website if the client does not provide content (the text and/or photos to be used in the website) or other required elements (pre-existing logo or account login information, etc.).
If MARKETING PROVISIONS, INC. is waiting for content or other pieces of information, the client will be notified. If the client fails to handle the requests in a timely manner, the website may be delayed. (Professional writing and photography services are available for a surcharge if the client needs assistance with content development) MARKETING PROVISIONS, INC. will complete as much of the project as possible without the missing elements.
In order to keep all accounts current, MARKETING PROVISIONS, INC. may bill for the completed project and add missing elements later as they are received. If more than 60 days from the website design and build has passed, and the client still has not submitted the remaining missing content, MARKETING PROVISIONS, INC. reserves the right to consider the project complete in its entirety and bill for all future work.
NOTE: Text content should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website in an email. These pages should have the same titles as the agreed website pages.
All photographs and other graphics will be provided in .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by MARKETING PROVISIONS, INC. to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
Contact us if you need clarification on this.
5. Designs for Sub-Pages
Unless otherwise specified in the design contract, subpages of any website will use the same design as the home page. Mockups are not provided for sub-pages. Formatting requests for sub-pages will be considered but will not be guaranteed. If the client requires specific looks or formatting for sub-pages, this request should be made at the time of the initial contract and may incur additional fees.
6. Client Review
The Client agrees to appoint a single individual as the primary contact to aid MARKETING PROVISIONS, INC. with progressing the commission in a satisfactory and expedient manner.
MARKETING PROVISIONS, INC. will allow the Client to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies MARKETING PROVISIONS, INC. otherwise within ten (10) days of the date the materials are made available to the Client.
7. How Revisions to a Website Design are Handled
We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art, and not everyone’s tastes are the same.
While we will gladly make initial minor modifications for no additional charge, it is important to be clear on how revisions to the look of a website design are handled. The web design agreement is the contract which describes the look a commissioned web design project will achieve. Design preferences should be specified at that time, prior to the commencement of any design work.
If any design preference stated in the web design quote was not met, the adjustments will be made free of charge. If the client develops preferences or changes his/her mind during or after the completion of the work, adjustments will be made and charged by the hour.
8. Ownership of Website Design
Upon completion of a custom website design and payment of web design and development fees, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with MARKETING PROVISIONS, INC. The client does not have the right to resell the design or development to other companies. The client does have the right to add pages onto the existing site or have another company add pages onto the existing site using the commissioned website design/development.
9. Web Browsers
MARKETING PROVISIONS, INC. makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.) and mobile devices. Client agrees that MARKETING PROVISIONS, INC. cannot guarantee correct functionality with all browser software across different operating systems.
MARKETING PROVISIONS, INC. cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, MARKETING PROVISIONS, INC. reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid fifteen (15) days after the due date of invoice will be considered in default. If the Client in default maintains any information or files on MARKETING PROVISIONS, INC.’s Web space, MARKETING PROVISIONS, INC. will, at its discretion, remove all such material from its web space. MARKETING PROVISIONS, INC. is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Checks returned for insufficient funds will be assessed a return charge of $25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay MARKETING PROVISIONS, INC. reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by MARKETING PROVISIONS, INC. in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of 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.
All MARKETING PROVISIONS, INC. services may be used for lawful purposes only. You agree to indemnify and hold MARKETING PROVISIONS, INC. harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants MARKETING PROVISIONS, INC. the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting MARKETING PROVISIONS, INC. permission and rights for use of the same and agrees to indemnify and hold harmless MARKETING PROVISIONS, INC. from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website shall be regarded as a guarantee by the Client to MARKETING PROVISIONS, INC. that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
14. Third Party Vendors
Third party vendors may have separate terms of service agreements. MARKETING PROVISIONS, INC. cannot be held liable for disputes with third party vendors. MARKETING PROVISIONS, INC. cannot be held responsible for lack of functionality or any other aspect of third party services.
15. Design Credit
A link to MARKETING PROVISIONS, INC. will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with 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. When total development charges are less than $2,000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in MARKETING PROVISIONS, INC. ‘s portfolio.
16. How Website Maintenance Requests are Handled
Clients who have signed up for a maintenance plan receive discounts off the web designer’s hourly rates for website updates. The standard half hour maintenance plan is enough time to add about five photos and a few paragraphs of text. Clients on a MARKETING PROVISIONS, INC. web maintenance plan may send update requests via email to firstname.lastname@example.org. Routine maintenance which fits into the allotted time specified in the client’s maintenance plan is typically completed in about three to four business days. If a client on a website maintenance plan requests more than the scheduled amount of maintenance, he/she will be given a quote and, if approved, the additional work will be completed at a discounted rate per hour and the turnaround time will be based on workload issues. Clients who are not on any maintenance plan may request website updates at the full hourly rate and the turnaround time will be based on workload issues. Monthly maintenance plan fees are separate from hosting fees and may be cancelled at any time. (See details under the Termination of Services section.)
17. How Technical Support is Handled
Clients whose websites are hosted by MARKETING PROVISIONS, INC. have access to emergency technical support 24 hours a day. In the event of a website hosting outage, clients should leave a voicemail message and a technician will be paged. The phone number is listed on the Contact Us page of our website. Please note, technical support cannot be provided for clients’ individual computer issues or for third party products or services.
18. Maintenance and Software Updates
We will maintain your CMS website software as long as we are providing hosting. These updates are important to ensure security from hackers, bug fixes, better functionality and more. If at any time and by a very small chance your website is defaced, broken or infected, we will fix it a no additional charge. We will also maintain current version updates and security patches.
New versions of the CMS platform are usually made available every (2) years or so. This is not to be confused with software updates. We will maintain the current version for life of hosting agreement.
If you would like to upgrade to a newer CMS version, then it would be considered as additional out of scope work to be performed. Think of it as an analogy to buying a car. You can fix your current model year car to continue to run and buy parts until you decide to trade it in for a newer model. The newer model is completely different from the previous model in which none of the older model parts do not fit.
We own and operate an enterprise class mail server that your emails will be hosted on. It is designed for spam control and tightened security. Emails are $6.99 a month each for up to 4GB.
You do have the option of using your own services. We will configure mx records at no additional cost.
We have our own managed dedicated servers that we host our client websites on. If you prefer to host your website elsewhere, we cannot guarantee our website performance and additional charges may be warranted for unknown server environment variables. We assure our servers have more than adequate resources for your amount of concurrent visitors while providing fast page load speeds which is crucial to SEO development. Our servers have been modified especially for our CMS’s and most importantly, highly reliable and secure. There will be no limitations on what we can add for you.
21. Access Requirements
If the Client’s website is to be installed on a third-party server, MARKETING PROVISIONS, INC. must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
22. Post-Placement Alterations
MARKETING PROVISIONS, INC. 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.
23. Domain Names
Website domain names are leased from domain name registration companies. When MARKETING PROVISIONS, INC. registers a domain name for a client, that registration will be made in the client’s name. Upon payment of any outstanding fees, the client has the right to use that domain name regardless of whether he/she chooses to continue further services with
MARKETING PROVISIONS, INC. Domain name renewal and renewal fees are the responsibility of the client. If the client chooses to have MARKETING PROVISIONS, INC. renew the domain name on behalf of the client, an additional service fee will apply. Clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed. MARKETING PROVISIONS, INC. cannot be responsible for expired domain names.
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.
MARKETING PROVISIONS, INC. 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 web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of MARKETING PROVISIONS, INC. to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
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 intention of the parties underlying the invalid.
Print and Promotional Items
Marketing Provisions, Inc. guarantees to ship your merchandise on or before a specific date. You should be aware that we cannot be held responsible for delays on the part of the carrier who is delivering your merchandise.
2. Sales Tax
Marketing Provisions is required by law to collect all applicable sales taxes for the state, counties and cities of South Carolina. If the merchandise is for resale, we will collect taxes, but we will need a copy of your resale license.
Companies, individuals and organizations who are exempt from sales tax should provide us with their resale certificate by fax to 800-683-5941.
All prices and minimum quantities are subject to change. Marketing Provisions will make best efforts to keep pricing and quantities to date, from time to time actual market conditions may change the price of a product or the minimum quantity required for purchase.
In the event a product is listed at an incorrect price or minimum quantity due to an error, Marketing Provisions, Inc. shall have the right to refuse or cancel any orders placed for products listed at the incorrect price or quantity and will help you choose a different item that is within your budget.
4. Website Images/Artwork Proofs
We make every effort to provide clear and color-correct images and color swatches that reflect the true nature of the products. However, website images, color swatches and emailed proofs are inherently limited in their ability to communicate color, scale, and detail. Customers should be careful about making assumptions about products from the website image alone. We strongly urge our customers to order actual samples. If you choose not to evaluate a physical sample, we cannot be held responsible for the difference between the image as it appears on your monitor and the final product.
5. Pre-production Proofs
Marketing Provisions, Inc. can produce an actual proof of any product with your imprint prior to running the complete order. We strongly recommend this on all orders where time permits. Pre-production proofs typically incur an additional charge (the price of the item plus screen/setup charge) and can add 3-10 days to the order process. Please let a Customer Service Representative know if you would like a Pre-production proof.
6. PMS Matching
Customers who require specific color matching can provide us with a PMS (Pantone Matching System®) color for most products. Where PMS matching is available, there is typically a $40.00 charge per color. The factory will make every effort to closely match any PMS color but an exact match cannot be guaranteed.
7. Overages and Shortages
We try to produce your order in the exact quantity ordered, but this is not always possible due to quality control efforts and fast running machines. We reserve the right to ship and subsequently bill or credit, your charge card or account, for up to 10% over or under the desired quantity.
8. Payment Terms
Payment terms are determined according to which type of services you require.
- Physical Merchandise, such as print jobs, screen printing and embroidery, require payment in full before an order can be placed.
- Graphic Design is billed per hour and an initial estimate is presented before starting design work. Full payment is required to release artwork to client.
- Web Design is typically quoted at a set price for initial website development. A deposit of 50% is required for initial website development. Any work performed on an existing website is billed at $50 per hour. An estimate may be presented for large jobs and 50% deposit may be required.
- Hosting plans can be billed monthly, quarterly, bi-annually and annually. Discounts are offered for non-monthly hosting. 2% (3) months, 5% for (6) months and 10% for 12 months in advance. Hosting payments are due in full by the due date, unless otherwise indicated. if payment is not received by the due date a late fee of $25 will be added to the invoice. If hosting payment is not received after 15 days of due date, hosting and email services will be suspended and an additional fee of $25 will be added for reinstatement.
Marketing Provisions accepts Cash, Checks, Visa, Master Card, Discover, American Express and Paypal.
If mailing payment, please address to:
700 Highway 17 S
Surfside Beach, SC 29575
9. Cancellations or Order Changes
$45 plus all costs incurred by factory up to notice of cancellation or change. This may include artwork, die charges, labels and any production costs. All cancellations must be confirmed in writing.
10. Claims, Adjustments and Returns
If you have any problems with your order please contact customer service at 800-683-5941 within 15 days of receipt. Please have your order number available. We do not accept unauthorized returns. If necessary, we will issue an RMA number (Return Material Authorization) and provide you with a special shipping address. Note: Refunds will require merchandise return. Blank merchandise returns will incur a 20% restocking fee.
11. Check Returns
In all cases where we have a check returned for Non-Sufficient Funds we will assess a $50.00 fee.
12. Net 30 Terms
If you are granted payment terms, you agree that if you are late paying your invoice, a 1.5% finance charge or the maximum charge permitted by law may be assessed against all accounts with past due balances. You agree to pay all the company’s reasonable attorney’s fees and all collection agency fees incurred in the collection of any amount owed thereunder and not paid when due.
13. Special Notice
Marketing Provisions, Inc. is not liable for non-fulfillment due to strikes, fires, weather or other causes beyond our control.
Marketing Provisions, Inc. reserves the right to refuse service to anyone at any time without notice for any reason.