1. TERMS & DEFINITIONS
- By accessing this web site and submitting payment for services, you are agreeing to be bound by these Terms and Conditions of Use and all contractual clauses contained herein, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using, purchasing services or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- Agency or Agencies or Agent or Designer or Us or We – refers to Fusion Group USA, Inc, Fusion Group USA, Fusion Group, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors.
- Client or Customer or You or User or Owner – Refers to the company or person who has hired, retained, or employed Agency
- Business Day – refers to a day that is not a Weekend, Holiday and is at least 24 hours long.
- Delivery – refers to the completion of a task
- Fee or Retainer or subscription – refers to the monetary value in which you pay Agency for services or products
- User content – refers to information or materials provided to Agency by Client
- Site or web site – refers to Agencies web properties
- Terms and conditions or Service or Contract or agreement or any combination of those terms – refers to any agreement/contract between Client and Agency, drafted by Agency and Accepted by Client
2. OUR RIGHTS
- Our Intellectual Property. We retain all rights to intellectual property underlying the Site and creative that has not been supplied as a final closed design.
- User Content Review. We reserve the right to review any User Content, and to investigate any disputes related to that content.
- Backup; We assume no liability. Agency will make every reasonable effort to shield from data loss, including final Client assets or User Content, however we will not be liable in the event of such loss of User Content.
- Discretionary Right to Suspend or Terminate Account. We reserve the right to suspend or terminate the account of any Customer at any time for failure, or perceived failure, to comply with this Agreement, or for any other reason in our sole discretion.
- Right to Assume Our Defense. If you are required to indemnify us from any claim or loss, we reserve the right, at your expense, to assume the exclusive defense and control of such matter. We will use reasonable efforts to notify you of any such indemnifiable claim or loss upon becoming aware of it.
- Disclaimer. Except where prohibited by law, the Site is provided as-is and as available and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site (A) will meet your requirements; (B) will be available on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; (D) reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
- Permission is granted to temporarily download one copy of the materials (information or software) on Agency web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: Modify or copy the materials; Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Agencies web site; remove any copyright or other proprietary notations from the materials; transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Agency at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DESIGN SCHEDULE
- Preliminary Designs: up to 10 Business days from contract execution or acceptance of this agreement, initial payment and receipt of completed web questionnaire form.
- Final Design & Working Code: up to 3-6 weeks from preliminary design approval. Our design time is based on our graphics department receiving all content, photos and information needed for the site and completion of the website content form. Please work with your account executive to ensure we can launch your site ahead of schedule.
4. COPYRIGHT USAGE
- The rights granted to Client are for the usage of the Final Design in its original form only. Client may not use the design concepts, created by Agency, for another design project with a competing service provider of Agency. All other rights to be negotiated separately, if applicable.
- Revisions to the initial proofs may be made only by Agency, at the Preliminary Design phase. Additional fees may be charged, at Agency, sole discretion, for revisions made after the initial design layouts and preliminary design revisions, and for additions to original project scope. Once the proposed layout has been approved any layout changes, other than text content and photos, may incur additional fees. You will receive a PDF proof for layout purposes only. If you approve the layout but have changes, you will not receive an additional proof, any requested changes will be made during the coding phase of your project.
6. PAYMENT SCHEDULE
- Minimum of $299 plus the first months payment upon execution of this agreement, unless otherwise agreed upon and included as an addendum to this agreement. Agency will bill client remaining balance every 30 consecutive days after the first payment has been rendered, or if otherwise stated in writing as an addendum to this agreement.
7. PAYMENT TERMS
- A $25 monthly service charge will be billed against late payments. Grant of copyright is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement. Any returned checks or declined credit card charges will be assessed a returned fee of $35 plus any applicable late fees. All third party integrations and services are NOT included in this agreement, including support for those services, unless explicitly stated, and will be billed directly through that third party. Agency will bill client $299.88 each successive year for hosting, email and unlimited editing services, unless a written cancelation is received on, or before, the 1st of the month preceding the renewal date days. The renewal date is the first of the month preceding this agreement. BY SIGNING OR SUBMITTING PAYMENT FOR THIS AGREEMENT YOU AGREE TO THIS CANCELATION TERM. A valid credit card must be placed on file for all website design projects that are subject to any monthly or annual recurring payments. Client may pay by check, at Clients discretion, in lieu of paying by card, however, agency must receive the Clients check payment at least 1 business day before before the due date, if payment is not rendered the card on file will be authorized for that months payment. Monthly and annual payments will be billed on or after the payment date at no additional advance notice to you. You may request copies of paid invoices by sending those requests to [email protected] You have 6 months from the time of this agreement to provide Agency with a completed website questionnaire and website content form so we may commence your website design project. If after 6 months you have failed to provide us with the necessary information to complete the project you may be subject to additional fees and may be subject to any new pricing set forth.
- On payment plans that become past due, we will waive, at our sole discretion, the late fee a maximum of 2 times. If a late fee is assessed and not waived, the payment rendered on the past due amount will pay the late and finance charges first then the principle amount due second.
- If a payment plan is more than 7 days past due, the payment plan, at our sole discretion, will immediately cancel and the full amount due on the original contract will become immediately due. If this action occurs you will 30 days from the time the original payment became past due to pay the contract in full. If the payment in full is not received by our office by close of the final day, your account will be referred to for immediate legal action, including: small claims court (if amount is $5,000 or less); district court ($5001 and greater); 3rd party collection or any combination of the three.
- If your account becomes past due, we may, at our sole discretion, suspend services immediately. If your service becomes suspended you may be assessed, at our sole discretion, a $69 reinstatement fee.
8. SERVICE EXCLUSIONS
Unless otherwise notated or approved, in writing, by a duly authorized officer of Agency, the following services are NOT included in the project payment quoted on this site:
- Graphic design:
- Logo creation or recreation and editing
- Original Branding
- Any marketing material creation (ie. Flyer Creation, brochure creation, etc.
- Stock images above the quoted allocation
- On location photography services
- Extensive photo editing or manipulation
- Photo searching beyond the initial 1 round
- Original drafts
- Social posting
- Technical writing or editing
- Advanced SEO Services
9. CANCELATION FEES
- This agreement is not a recurring service agreement, with the exception of the hosting and editing, and therefore is non-cancelable and non-refundable. All payments must be made until termination of payment schedule. If you fail to complete the payment schedule, your payment plan will automatically cancel after 7 calendar days once your account becomes past due and your site will be suspended. If your payment plan is terminated and site is suspended by Agency, you will be assessed a $69 site reinstatement fee and will have until the 30th day, after your account becomes past due, to remit payment in full for any outstanding charges. If at 30 days you are still in default your account will be immediately referred for legal action. Please work with your account executive should you experience any financial hardships that may lead you to default on payments, we will attempt to work with you to the best of our ability.
10. PERMISSIONS AND RELEASES
- The Client agrees to indemnify and hold Fusion Group, Inc. harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
11. GUARANTEES AND WARANTIES
- Agency does not in any way guarantee increased traffic to your site, increase of revenue or profitability, increase of exposure, or anything that is not explicitly stated in this agreement. Agency will warranty all services that are contained within this scope of work and guarantees that all work will be performed and completed as stated. Agency will make every reasonable effort, in accordance to industry standards, to ensure the success of your website, however even with advanced SEO services, search engine placement is not guaranteed. Please see https://support.google.com/webmasters/answer/35291?hl=en to learn more about why we cannot guarantee placement. According to an A Href study, the average Top10 ranking page is 2+ years old. And those that rank at position #1 are almost 3 years old and only 22% of pages that currently rank in the Top10 were created within 1 year. This study selected 2 million pages that were crawled a year prior and Only 5.7% of all studied pages ranked in the Top10 search results within 1 year for at least 1 keyword. Looking into these 5.7% of “lucky” pages to see how quickly they got from nowhere to the Top10, the majority of them managed to achieve that in approximately 61 to 182 days. In conclusion, the reason the 5.7% got to the Top10 in less than a year is most likely hard work and great knowledge of SEO, not luck, so please consider realistic expectations as it relates to this project.
12. WORKING WITH THIRD PARTIES
- Agency will only accept requests from Client or Clients authorized employees, Agency will not perform any services requested by third parties. Should Client require Agency to work directly with Clients suppliers, vendors, or any other third party, this will be in addition to the fees associated in this agreement. All third party work, unless explicitly stated in this agreement will be billed at $89 per hour.
- You can review the most current version of this document at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website, without any explicit notice to you. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Condition of Service constitutes acceptance of those changes.
14. THIRD PARTY LINKS
- We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- We do not issue refunds, unless it is due to our breech of this agreement, provided you bring any breech to our attention and award us a 5 business day time to cure any breech.
16. OUTPUT FILES
- We will do our best to minimize any mistakes, however due to the nature of creative design, coding technology and being human we cannot guarantee all files delivered will be 100% error free, we only proof your written content with a design program standard spell check tool. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. Our Agency can not be responsible or liable for any losses or expenses incurred from errors or omissions.
17. SAMPLE WORK
- We reserve the right to publish your work in our portfolio, social media or other communication efforts. If there is something you’d like us to remove for market confidentiality reasons, please let us know in your request.
- We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization.
19. ERRORS, INACCURACIES, OMISSIONS, REVISIONS, AND ERRATA
- The materials appearing on Agency web site could include technical, typographical, or photographic errors. Agency does not warrant that any of the materials on its web site(s) are accurate, complete, or current. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. It is your responsibility to confirm current terms and conditions, pricing, etc.
20. PROHIBITED USES
- In addition to other prohibitions as set forth in this agreement, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (medical or recreational marijuana materials are exempt from this provision) (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, company affiliation or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
21. MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice, unless you have submitted payment for services and have commenced those services within 14 days. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time should your account become past due, legal threats or actions commence, or any public disparagement against Agency. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
22. ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
23. CLIENT SUBMISSION AND FEEDBACK
24. DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE
- Agency has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Agency reserves the right to remove any Visual Content or Communications that allegedly infringes another person’s copyright. Agency will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to Agency regarding any alleged copyright infringement should be directed to Agency via email at: [email protected].
Filing a DMCA Notice to Remove Copyright-Protected Content
- If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address (if any);
A description of the copyrighted work that you claim has been infringed;
A description of where on the Website the material that you claim is infringing may be found, sufficient for Agency to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Agency, its agent, or the law and is not a fair use;
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore Content Removed from the Website
- If you believe that your material has been removed by mistake or misidentification, please provide Agency with a written counter-notification containing the following information:
Your name, address, telephone number, and email address (if any);
A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled because of mistake or misidentification;
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Agency may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.
25. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Fusion Group USA, Inc, Fusion Group USA, Fusion Group, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The materials on Agencies web site are provided “as is”. Agency makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, or non-infringement of intellectual property or other violation of rights. Further, Agency does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- You agree to indemnify, defend and hold harmless Fusion Group USA, Inc, Fusion Group USA, Fusion Group, Inc.(Agency/Agencies) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of this agreement is determined to be unlawful by a court of law in competent jurisdiction, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
28. ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of shall not constitute a waiver of such right or provision and all remaining enforceable remedies shall remain intact as originally intended. These Terms and Conditions of Service and any policies posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or agreements, communications and proposals, whether oral or written, between you and us; including, but not limited to, any prior versions of this document. Any uncertainties in the interpretation of these Terms of Service shall not be inferred against the drafting party.
29. GOVERNING LAW
- These Terms and Conditions of Service and any separate agreements provided to you by us shall be governed by and construed in accordance with the laws of the State of Colorado unless otherwise explicitly stated.
30. RELEASE OF LIABILITY
- By entering into this agreement, you hereby agree to release and hold harmless, Agency, its trustees, officers, servants, agents, volunteers and employees (hereafter referred to as the “Releasees”) from and against any and all liabilities, losses, demands, or claims, that I and/or my company may sustain from this service. You also waive the right to sue in a court of law for anything relating to this service or agreement that has not been a direct breach of this agreement and only after you bring any issue to the attention of Agency, in writing, and allow up to 7 business days to remedy those issues may you have the right to sue. You also agree to not publicly disparage Agency in anyway. Agency may, at anytime by providing a seven calendar day notice, cancel any hosting and editing packages. If Agency terminates Clients hosting, Agency will refund a prorated portion of unused hosting fees. Agency reserves the right, at its sole discretion and without penalty, to cancel contract and refund any money paid within 30 days should Agency become aware of a pricing error, unauthorized addendum, or any additional errors that agency has been made aware of.
31. DOMAIN NAME
- Agency will only make record changes and offer complimentary support on domains we have in our GoDaddy account. If you choose to remain the account holder all changes and updates will need to be performed by you or your IT company. If you require Fusion Group USA’s assistance making changes or updating records, we will bill you $89 per hour with a 15 minute minimum fee.
32. EMAIL HOSTING
- Email hosting is included free of charge in your hosting package. Fusion Group does not provide complimentary setup for email accounts. Should you require assistance setting up email accounts on your devices or computers we will bill you a one time $69 set up fee for up to 5 devices. We do provide detailed instructions on how to set up your accounts should you not want to pay for this service.
30. ACCEPTANCE OF INFORMATION
- You hereby agree that you have reviewed our knowledge base, understand and accept our process and our scope of service.
REVISED: JANUARY 16, 2017