Acceptance of Terms and Conditions
Welcome to Integrated Mobile Marketing! By using Integrated Mobile Marketing’s website and its available services, you acknowledge that you have read, understood, and agree to Integrated Mobile Marketing’s Terms and Conditions, all of which are set forth herein below
(the “Terms and Conditions”).
The following definitions apply to the words used herein:
• "Integrated Mobile Marketing" is the reference name of the owner of this website and its official name is Integrated Mobile Marketing, LLC, a South Carolina, limited liability corporation having its principal place of business at 6650 Rivers Avenue, North Charleston, South Carolina 29406. Integrated Mobile Marketing may also be referred to as “we” or “IM”.
• Services mean Integrated Mobile Marketing services.
• Service Plan means the plans offered by IM Marketing.
• Member means a business operation that may be a C or S corporation, limited liability corporation, a partnership whether general or limited, or an individual, all being paying users of IM services.
• You means an IM member or potential member.
The above named client is engaging Integrated Mobile Marketing as an independent contractor for the specific purpose of developing a World Wide Web site to be installed on the client's Web space located on an Internet Service Provider's (ISP) server.
2. Standard Hosting Service
Standard hosting will be charged by Integrated Mobile Marketing.
Domain is procured by client. We will transfer to the new site. If client wants Integrated Mobile Marketing to procure the domain, that will be in the desktop contract.
4. Product entry. If there will be product entry for an e-commerce site, the client and developer will discuss terms of entry. This point is not applicable for non e-commerce sites.
If an e-commerce site is purchased, Integrated Mobile Marketing will help the client procure the gateway recommended by the shopping cart. Usually it will be stripe. We will also implement paypal if the client feels necessary. For non e-commerce websites, this point is not applicable.
6. Cross Browser compatible.
This agreement includes the creation of a Web site viewable in the latest versions of major browsers (Google Chrome, Mozilla and Firefox, and Opera.) Compatibility is defined herein as all critical elements of each page being viewable and functional in all browsers. Client is aware that some advanced techniques on the Internet may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions of browsers are developed, the new browser versions may not be backward compatible. We will not guarantee performance on Internet Explorer because they are discontinued.
7. Client Amends
The Developer understands that the Client may request significant design changes to pages that have already been built to the Client's specification. To that end, please note that our agreement does not include a provision for "significant page modification" or creation of additional pages in excess of those specified in our agreement. If significant page modification is requested after a page has been built to the Client's specification, additional charges will apply.
Some examples of significant page modification at the request of the Client include:
Developing a new table or layer structure to accommodate a substantial redesign at the Client's request.
Replacing more than 50% of the text to any given page at the Client's request
Creating a new navigation structure or changing the link graphics at the Client's request.
Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved design of each page are encouraged to negotiate an agreement which exceeds the scope. Moderate changes, however, will always be covered during our development of the site.
8. Text and Content
All product content will be provided by the Client. It will consist of all products, product options, pictures, videos, and other items the client wants on the website. Delivery of these items in a timely manner will help speed the process of site delivery to the client.
9. Maintenance Agreement
Maintenance Agreements are negotiated on a Client by Client basis as each Client will have differing needs. This is another way the Developer seeks to help the Client control cost. No maintenance is included in this agreement. If ongoing maintenance is desired pricing will be included in an amendment to this agreement.
10. Third Party or Client Page Modification
Some Clients will desire to independently edit or update their Web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of the Developer.
Note however, that if this option is selected and the Client or an agent of the Client other than the Developer attempts to update the Web site and damages the design or impairs the ability for the Web pages to display or function properly, time to repair the Web pages will be assessed at an hourly rate of $100. There is a one hour minimum.
11. Additional Expenses
Client agrees to reimburse the Developer for any critical Client requested expenses necessary for the completion of the project. Examples would be:
Purchase of specific fonts at the Client's request,
Purchase of specific photography at the Client's request.
Purchase of specific software at the Client's request.
12. Copyrights and Trademarks
The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client's Web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
13. Limited Liability
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material or use of those materials.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Developer's development of the Client's Web site. This includes Liabilities asserted against the Developer, its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's Web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
15. Laws Affecting Electronic Commerce
The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. Client also understands that the Developer can not provide legal advice.
16. Ownership of Web Pages and Graphics
Copyright to the finished assembled work of Web pages produced by the Developer and graphics shall be vested with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.
17. Completion Date
The Developer and the Client must work together to complete the Web site in a timely manner for both parties to remain profitable. A rough draft will be available online within two weeks after receipt of deposit. Site will be completed within three weeks after approval of rough draft.
Client agrees to provide Developer with any and all content, graphics, and other information necessary to complete the Web site within sixty (60) days of the date the Agreement is signed. Should Client not provide Developer with all content, graphics, and other information within sixty (60) days of the date the Agreement is signed, payment in full for completed work will be due immediately and the contract will be considered completed.
Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or canceled at the request of the Client by registered letter, the Developer shall have the right to retain the original 50% deposit. In the event this amount is not sufficient to cover the Developer for time ($100 per hour) and expense already invested in the project additional payment will be due. If additional payment is due, this will be billed to the Client within 10 days of notification via registered letter to stop work.
19. Payment Terms / Workflow
A minimum deposit of fifty percent (50%) is required to commence work.
Once this acceptance is received from the Client, the work
necessary to complete the project will begin. Client agrees to provide Developer with any and all content, graphics, and other information necessary to complete the Web site within sixty (60) days of the date the Agreement is signed.
Should Client not provide Developer with all content, graphics, and other information within
sixty (60) days of the date the Agreement is signed, payment in full for completed work will be
due immediately and the contract will be considered completed.
Upon completion of the Web site, an invoice will be sent to the Client
advising the Client that the work has been completed. Final payment of the remaining 50%
balance plus any additional charges incurred will due at sign off of the website. Developer reserves the right to remove all Web content from the Internet if payment is not made.
20. Entire Understanding
This contract and the Appendices attached hereto constitute the sole agreement between the Developer and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Developer.
Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement shall be governed and construed in accordance with the laws of the State of South Carolina.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
Integrated Mobile Marketing will not knowingly infringe on the copyright, trademark, or trade secrets of any third party in performing services under this Agreement. To the extent any material used by Integrated Mobile Marketing contains matter proprietary of a third party, Integrated Mobile Marketing will not knowingly infringe upon any existing patents of third parties in the performance of services provided by this Agreement. By agreeing to this contract you authorize Integrated Mobile Marketing to use your company's Google 360 Tour and or any photos taken by 360 Photo Inc.
Changes In Terms And Conditions
In the event Integrated Mobile Marketing changes any of its Terms and Conditions during your membership, you will receive at least seven (7) days’ advance notice. Your continued use of IM Marketing’s services after notice of any change and the implementation of the change, shall be deemed as your acceptance and agreement to such change or changes.
Ownership of Information You Provide to IM Marketing
You represent and warrant to Integrated Mobile Marketing that all information you may use on your website with Integrated Mobile Marketing is either (a) in the public domain; or (b) owned solely by you or licensed to you with a right to use; and (c) no third party has asserted or can lawfully assert any claims as to any of your information, including your business name.
Your electronic signature hereby, you agree that they have read the agreement and agree to its terms.