Simplex Services is pleased to assist in any way we can to make your Internet marketing program successful. We always guarantee your satisfaction but there are some considerations you must understand and agree to before Simplex Services can establish a working relationship with you.
TERMS and CONDITIONS
Every effort has been made to write the Terms & Conditions below in plain English but it is still a legal agreement upon your acceptance. So..... Please take a few moments of your time to review what follows and then make sure to accept by placing a checkmark on the order forms where requested. Remember, no work can be started without this authorization.
You understand and agree to the following terms and conditions as set forth by Simplex Services.
"You" refers to the person and/or company authorizing acceptance of this agreement thereby making them financially responsible for payment and requiring them to perform as set forth below.
You may always make contact via e-mail or phone (518-784-3700) with questions about any information contained on our web pages or other creations or about the level of our expertise or the quality of our work. But, as you'd expect, your monetary commitment to Simplex Services starts when you actually request work to be done for you or on your behalf. This includes any "pick the brain of the expert" sessions. If you'd like to schedule a "Free" initial consultation appointment to discuss your needs and to see if Simplex Services can fulfill them, please use the appointment form.
Services To Be ProvidedSimplex Services shall provide all services as describe on their web site, or other advertising material, for each service ordered and paid for by You. The following additional conditions apply for the specified services listed below.
- Unless otherwise specified or agreed to, Simplex Services will create web pages from information which You must submit. This information shall be delivered using online forms as provided or by other acceptable data transfer method including email, on disk or via download. These forms will let You decide how your site will look and what it will contain while offering basic design alternatives. More advanced programming and text conversion are available at additional cost. Any images and photographs to be used which need to be scanned or manipulated will be mailed to Simplex Services
- As work progresses, Your web site data will be loaded onto Our server account. You will then be notified on how to access it for Your review and approval. Upon your 100% satisfaction, and payment in full, Simplex Services will either load it to your server or instruct you on how to otherwise obtain it.
You agree to pay Simplex Services for any and all services ordered by You whether written or verbal. Simplex Services has the sole right to determine when payment is required.
For pre-priced services, payment is expected and must be paid immediately upon placing the order. You agree to pay for any additional work requested by You and performed by Simplex Services in combination with these pre-priced services.
For custom or estimated work, a 50% deposit is required before any work is started unless otherwise specified. Upon completion, payment is expected and must be paid immediately upon billing. An estimate for services will be given when required. This estimate will be based upon services you request and will be subject to change as your needs change.
For Your convenience, payment can be made by check or money order which must be in US funds payable through a US branch bank. A $25 charge will be assessed for any returned or bounced checks.
Simplex Services has the right to revoke the use of any material it designs, creates or produces for non-payment of ANY FEES owed by You to Simplex Services.
Disclaimer & Liability Limitation
- Simplex Services will always use it's best efforts to ensure all work is done on a timely basis and in accordance with this agreement. However, Simplex Services acknowledges and You agree that circumstances beyond our control may hinder the project. Business is accepted and conducted by Simplex Services only upon the basis that Simplex Services is under no liability in such cases causing delays, errors and omissions, except as provided herein.
- According to the Terms of this Agreement, You agree that in the event an error occurs, Simplex Services shall be given the opportunity to rectify the situation without damages. If the situation or problem can not be rectified, Simplex Services shall not be monetarily liable for any damages in excess of the amount paid by You for that particular service or web page.
- Simplex Services makes no claims as to the actual profit-making prospects of Internet Marketing and You should regard it as just another way of marketing to the public. You shall not hold Simplex Services liable for any losses of any nature, actual or implied, which might result from displaying any advertising material.
- You, and not Simplex Services, is responsible for the content of any marketing material submitted and agrees to make any reparations or compensations that may result from the purchase of any products or services You offer for a fee to the public.
Copyrights and Trademarks
- You assume full responsibility for and warrant that You are the owner of or are entitled to use any copyrights, trademarks and trade names in the web pages or other creations. You agree to defend and indemnify Simplex Services from all claims, losses and judgments arising from or claimed to have arisen from the use of such marks and names, together with any expenses, attorney fees and court costs incurred by Simplex Services.
- You warrant that You are authorized to engage in the business or profession described in the web pages or other creations. You further agree to defend, indemnify and hold Simplex Services harmless for any and all damages arising from any claims that do not meet the requirements of state or federal laws prohibiting false, fraudulent, deceptive or misleading advertising, or that otherwise fail to comply with any other standard applicable to You.
Simplex Services' Reservation of Rights
I have read and agree to these terms and would like to proceed to place an order for a service or estimate
- Any documents, files or programming created, produced or formatted for You by Simplex Services will always be the intellectual property of, Martha Clark, owner of Simplex Services who has sole ownership and the exclusive rights to assign its use.
- Upon payment in full, You are granted perpetual, non-exclusive right to the web pages or other creations and content of said web pages or other creations. You shall not remove any references to copyright, credits and/or links to Simplex Services' URL addresses without written permission from Simplex Services. Simplex Services reserves the right and You agree to allow Simplex Services to edit said copyright information, creation/creator credits and/or links to Simplex Services' URL address at any time and in any fashion upon notification to You.
- Simplex Services retains the right to revoke the use of any material it designs, creates or produces for non-payment of any fees owed by You to Simplex Services. Revocation gives Simplex Services the right to remove, or require removal of, all documents, files and programming from Your server account until payment in full is received.
I have a problem with some of the terms set forth and would like to discuss them with Simplex Services