Terms & Conditions for Website Design Services
These Terms & Conditions (“T&C”) govern the services provided by Automated Marketing Group, LLC (“AMG”) to its clients (“Client”). By signing the Website Design Agreement, the Client agrees to these T&C.
1. Definitions
- Agreement: Refers to the Website Design Agreement signed by the Client.
- Services: The website design, hosting, SEO, and other services outlined in the Agreement.
- Prepared Materials: All deliverables created by AMG for the Client under the Agreement.
2. Scope of Services
- Services are as specified in the Agreement and may be adjusted only via a signed Change Order.
- AMG will use commercially reasonable efforts to meet deadlines, provided the Client supplies all required materials promptly.
3. Payments & Fees
- Payment terms are outlined in the Agreement. Late payments may incur a 1.5% monthly interest charge or the maximum allowable by law.
- AMG reserves the right to pause or terminate Services if payment is not received within the agreed timeline.
4. Client Responsibilities
- The Client must provide accurate and timely information, including but not limited to text, photos, and logos.
- The Client warrants ownership or proper licensing of all submitted materials.
- Delays caused by the Client’s failure to provide necessary materials will not affect payment deadlines.
5. Ownership of Work
- Upon final payment, all Prepared Materials created by AMG become the property of the Client.
- AMG retains ownership of pre-existing tools, templates, and materials incorporated into the Prepared Materials but grants the Client a royalty-free license for their use.
- AMG reserves the right to showcase completed projects in its portfolio.
6. Confidentiality
- Both AMG and the Client agree to protect each other’s confidential information.
- Confidential information excludes publicly available materials or materials independently developed by the receiving party.
7. Revisions & Additional Work
- Revisions or additional work beyond the agreed scope must be requested via a Change Order.
- Such requests will be billed at AMG’s standard hourly rate ($175/hour).
8. Hosting Services
- Hosting includes 5GB of website storage and unlimited email accounts.
- Renewal fees apply after the first year, as outlined in the Agreement.
- AMG is not responsible for downtime caused by third-party hosting providers.
9. Liability & Indemnification
- AMG is not liable for any indirect, special, incidental, or consequential damages arising from its Services.
- The Client agrees to indemnify and hold AMG harmless from claims related to:
- Copyright infringement for Client-submitted materials.
- Misuse of the website by the Client or third parties.
10. Termination
- Either party may terminate the Agreement with 30 days’ written notice.
- Upon termination, the Client will pay for all completed work up to the termination date.
- AMG reserves the right to retain ownership of unfinished materials until payment is received.
11. Governing Law
- These T&C are governed by the laws of the State of Colorado. Any disputes will be resolved in Colorado courts.
12. Force Majeure
- AMG is not liable for delays or failure to fulfill its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, or government actions.
13. Entire Agreement
- These T&C, together with the Agreement, constitute the entire understanding between the parties.
- No verbal agreements or promises outside the written Agreement and these T&C will be binding.
For questions or additional information, contact AMG at:
- Address: 250 E. Dry Creek Road, Ste 202B, Littleton, CO 80122
- Phone: 303-703-8000
- Email: contact@automatedmarketinggroup.com