Terms of Service
Fees Payable Net 30: Account balances must be paid no later than 30 days after the invoice date. For large projects, a 30% non-refundable down payment may be required before the project begins.
The down payment does not include the cost of domain registration, hosting set up fee, or hosting unless the otherwise approved by CLR Digital Solutions.
A predetermined number of maintenance/support hours will be defined in the contract for maintenance in the customer’s contract.
CLR Digital Solutions is not responsible for service issues with third parties through us or otherwise, including the hosting or software conflicts. However, CLR Digital Solutions strives address any issues immediately while keeping downtime to a minimum.
Maintenance and Correction of Errors
Errors – both technical and typographical – attributable to CLR Digital Solutions will be corrected free of charge.
Still, CLR Digital Solutions reserves the right to charge a reasonable fee for correction of errors for which CLR Digital Solutions is not responsible, including, but not limited to website modification by a third party and typographical errors contained in materials submitted to CLR Digital Solutions.
CLR Digital Solutions also reserves the right not to fix any such errors upon the conclusion of the project. Furthermore, CLR Digital Solutions is under no obligation to correct or fix issues by third parties hired by the Client.
Extent of Work
CLR Digital Solutions will complete the work and services detailed in the Client’s contract. Work beyond the scope of the contract may be completed by CLR Digital Solutions with additional change orders that may incur additional fees.
Under no circumstances will CLR Digital Solutions be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software, web sites and/or all other technologies and products.
Status and Duration of Offers
Proposals and offers for custom website design and development services are valid for a period of 30 days from the date issued.
CLR Digital Solutions is not bound to honor expired offers.
Search Engine Listings
CLR Digital Solutions does not guarantee listings, rankings or placement on Search Engines. The Client accepts that it is Search Engines – not CLR Digital Solutions – that determines search results.
CLR Digital Solutions implements a backup strategy for client websites. However, backups are not guaranteed and CLR Digital Solutions is not liable nor responsible, in any manner, for any damage, loss of files or information, or any server data loss during or resulting from backup failure.
Should any damage occur, CLR Digital Solutions will act in good faith and make a valiant effort to resolve the issue.
CLR Digital Solutions reserves the right to change the terms of any and all maintenance agreements at any time, for any reason, without prior notice. These changes may affect current contractual agreements.
Support beyond final sign-off by the client is detailed in the client’s contract.
COMPLETION OF WORK AND PAYMENT
Completion of Work
CLR Digital Solutions warrants completing the work in accordance with its Standard Terms and Conditions to the specifications outlined in the client’s contract.
CLR Digital Solutions will not undertake changes to the work specifications which would increase the cost, without prior written authorization from the Client.
Supply of Materials
The Client is to supply all materials, information, and data required to complete the project in a timely manner.
Such materials may include, but are not limited to, photographs, written copy, logos, and other printed materials. Failure to supply such materials could cause project delays.
CLR Digital Solutions has the right to extend previously agreed deadlines should clients delay submitting material.
Where the Client’s failure to supply materials prevents project progress for more than 7 days, CLR Digital Solutions has the right to invoice the Client for any part or parts of the project already completed and move the project behind the next client.
Approval of Work
Client will sign final approval of the project. Once approved all account balances over 30 days will be immediately due before transitioning the website to live.
Client must provide in writing any requested changes within 14 days of receiving final approval sign off request.
Any of work which not submitted in writing within the 14 day review period be deemed approved.
Request for Changes
Change requests within the 14 day review period will be granted within a reasonable amount of time given the scope of the changes requested. Clients are allowed 3 revisions. After 3 revisions, Change Orders will be required at additional expense.
CLR Digital Solutions may take any legal action to recover payment for the completed work and reasonable expenses incurred in recovering payment.
Remedies for Overdue Payment
If payment has not been received within 30 days, CLR Digital Solutions has the right to suspend ongoing work or website hosting until such time that full payment of the outstanding balance has been received.
If full payment has still not been received after the final reminder at 60 days, CLR Digital Solutions has the right to terminate the website. Outstanding payments will still be due to CLR Digital Solutions.
CLR Digital Solutions reserves the right to place “Website Designed and Hosted by CLR Digital Solutions” in the footer.
Offers and Proposals
Offers, proposals, documents, and materials communicated by CLR Digital Solutions are trade secrets and remain the property of CLR Digital Solutions. Offers and proposals are confidential and must not be shared outside the client’s organization.
Ownership of Intellectual Property
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material and media supplied to CLR Digital Solutions.
The conclusion of a contract between CLR Digital Solutions and the Client shall be regarded as a guarantee by the Client that all such permissions and authorities have been obtained and that the inclusion of such material on the website would not infringe any copyrights.
By agreeing to these terms and conditions, the Client removes the legal responsibility of CLR Digital Solutions and indemnifies the same from any claims or legal actions however related to the content of the Client’s site.
Any domain name obtained for the Client will belong to the Client, but will not be transferred away if any account balance is over 30 days.
The Client agrees to indemnify CLR Digital Solutions including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.
CLR Digital Solutions retains ownership of all custom code. Furthermore, all software, media, and materials licensed to CLR Digital Solutions remains licensed to CLR Digital Solutions, even after a client leaves CLR Digital Solutions. Client will retain ownership of website content and any materials submitted. CLR Digital Solutions does not claim ownership to any open-source code and abides by applicable general public licenses.
CLR Digital Solutions retains copyrights to all non-open-source, custom code, and custom materials and media, unless otherwise noted in client’s contract.
RIGHTS AND RESPONSIBILITIES
Right to Terminate
CLR Digital Solutions reserves the right to refuse or break a contract, without prior notice, if notified the Client, their Website, or any material is illegal, immoral, or otherwise unacceptable.
If the Client breaks any rules set fourth in this document, Brian Lis Web Design Inc. reserves the right to break this contract and no payments shall be refunded.
CLR Digital Solutions reserves the right to cancel the client’s contract should the client breach the terms of service.
Furthermore, Clients who fail to respond to CLR Digital Solutions and/or any of it’s workers, contractors, or employees for a period of 14 days of the initial contact attempt, can be moved behind the another project or terminated, without refund. Clients will remain responsible to pay for any work completed and outstanding balances.
Events Beyond the Control of CLR Digital Solutions
CLR Digital Solutions will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of CLR Digital Solutions.
This Agreement shall be governed by the laws of The United States of America and shall claim venue and jurisdiction for any legal action or claim arising from the contract between CLR Digital Solutions and the Client. The said contract is void where prohibited by law.
Disputes will fall under mediation and/or courts in Illinois.
Survival of Contract
If one or more parts of the terms of service or client’s contract are determined void or unenforceable by a court of law, the remainder of the contract will remain valid and enforceable by law.
Change of Terms and Conditions
These terms & conditions may change from time to time without notice. Clients are responsible for reading the terms and conditions at reasonable intervals.