It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Fu Dog Media, LLC are defined in the project proposal that the Client receives via e-mail. Proposals are valid for a period of 30 days. Fu Dog Media, LLC reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design and digital marketing services require an advance payment of a minimum of fifty (50) percent of the project contract total before the work is supplied to the Client for review. A final charge of fifty (50) percent of the project contract total due upon completion of the work, prior to website launch, and upload to the server or release of materials.
Payment for services is due by check, credit card, Paypal or Venmo. Checks should be made payable to Fu Dog Media, LLC.
Fu Dog Media, LLC will provide the Client with an opportunity 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 Fu Dog Media, LLC otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Fu Dog Media, LLC will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Fu Dog Media, LLC receiving initial payment, unless a delay is specifically requested by the Client and agreed by Fu Dog Media, LLC.
In return, the Client agrees to delegate a single individual as a primary contact to aid Fu Dog Media, LLC with progressing the commission in a satisfactory and expedient manner.
During the project, Fu Dog Media, LLC will require the Client to provide website content; text, images, movies and sound files. Project deadlines will be delayed by failure to supply requested content, images, hosting access, domain access or other materials required to complete contract work.
Failure to provide required website content:
Fu Dog Media, LLC is a small business, and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization we need required content and access for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, Google Doc, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Invoices will be provided by Fu Dog Media, LLC 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. Final website payment due before live launch. No exceptions. Late payments subject to 18% penalty after 30 days. $50 return check fee. After 90 days, past due invoices will be sent to collections.
Client agrees to reimburse Fu Dog Media, LLC for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, e-commerce extensions, videos, stock photography etc.
Fu Dog Media, LLC 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.). Client agrees that Fu Dog Media, LLC cannot guarantee correct functionality with all browser software across different operating systems.
Fu Dog Media, LLC cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Fu Dog Media, LLC 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 thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Fu Dog Media, LLC's Web space, Fu Dog Media, LLC will, at its discretion, remove all such material from its web space. Fu Dog Media, LLC 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 $50 and the Client's account will immediately be considered to be in default until full payment is received. Failure to pay hosting fees, SEO fees, maintenance fees, website design fees, or any other monthly service fees will result in temporary disabling of website until account is brought to good standing.
Client agrees that failure to perform the terms and conditions of this Authorization and FU DOG MEDIA is required to take collection action, then a minimum of a SEVEN HUNDRED FIFTY DOLLAR ($750.00) attorney’s fee shall be added as a pre-lawsuit collection cost. In addition, if a collection suit is filed, then I will be responsible for those fees, additional reasonable attorney’s fees, costs, and court costs.
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. SEO and maintenance contracts may not be terminated early.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Fu Dog Media, LLC. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Fu Dog Media and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $100 per hour plus.
If a project is cancelled by Fu Dog Media, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of graphic design, web design and related website files are maintained by us for up to 1 year upon account termination. Fu Dog Media will not be responsible for keeping files after 1 year of contract termination.
All Fu Dog Media, LLC services may be used for lawful purposes only. You agree to indemnify and hold Fu Dog Media, LLC 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 Fu Dog Media, LLC 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 Fu Dog Media, LLC permission and rights for use of the same and agrees to indemnify and hold harmless Fu Dog Media, LLC from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Fu Dog Media, LLC that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (via e-mail, dropbox, google drive or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Fu Dog Media, LLC 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.
A link to Fu Dog Media, LLC 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. The Client also agrees that the website developed for the Client may be presented in Fu Dog Media, LLC's portfolio.
If the Client's website is to be installed on a third-party server, Fu Dog Media, LLC 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.
Fu Dog Media, LLC 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.
Fu Dog Media, LLC may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Fu Dog Media, LLC. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. Website outages due to nonpayment of hosting or domain names is the responsibility of the client only.
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.
Client agrees that the exclusive jurisdiction for the resolution of all disputes arising in any manner concerning this Authorization or any addendum to or extension of same shall be in the County of Charleston, State of South Carolina, and that South Carolina Law shall govern all such matters.
Fu Dog Media, LLC 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.
- Loss or damage to clients data due to hacking of a website or other online system.
- Loss or damage to clients due to spamming, phishing, pharming or spoofing originating from a clients website or online system.
The entire liability of Fu Dog Media, LLC 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 clause.