Terms and Conditions of Purchase
Logo Design General Terms And Conditions
Scope Of Work:
Design And Layout
Your logo design package includes the specified number of concept designs from which you will choose a single design. We make every effort to collect the correct information in the logo design brief in order to minimize design changes. Once you choose a final design, it will be cleaned up by the designer and formatted for final versioning.
Unless otherwise specified in your quotation, the project includes logo design and supply of logo file(s) only. If you require layouts for letterhead, envelopes, signs or other printed or digital media, these services are included in other packages or can be priced to you separately.
Revisions
iGo Sales and Marketing endeavors to make every customer 100% satisfied. We have a process that gets your input early and collects the right information to minimize revisions and design changes. Please carefully fill out the logo design brief because this is the basis for the designs we create for you. Once your final design is chosen from the concept designs, you can make the number of revision specified in your package at no charge. Subsequent revisions will be billed at $25 per change.
Some examples of changes:
- Make the font bigger, change the font
- Change the spelling, words, remove “inc”, etc.
- Change the colors
- Move elements around
Images
Unless otherwise specified in the quotation, any photos required for the logo are supplied by you the client. iGo Sales and Marketing can purchase stock photos on your behalf at an additional charge. Photos range from$10-$60 each from iStock Photo. Finding, cropping and editing photos to make them suitable for inclusion in the logo will be at an additional charge of $75 per hour. iGo Sales and Marketing can also arrange for a photographer to take images of your products and or place of business for an additional charge.
Any images provided by the customer, the customer certifies they have the license and or right to use the images. iGo Sales and Marketing will accept no liability for copyright issues for customer supplied images and content.
Meetings And Consultations
During the design and development process there will be some need for communications via email and telephone to review content and provide for direction and approvals. This is included in project proposal. Unless explicitly included in your pakcage, should iGo Sales and Marketing be required to attend meetings at your site, conference calls, or web meetings to provide consultation, review strategy, presentations, or develop new content not specifically specified in your quotation, these services will be provided at an additional charge, unless specifically included in your design package. Generally, $75 per hour plus travel expenses.
Liability & Warranties
Liability
All design projects are reviewed by you, the client, before publication. Your final review constitutes your approval of the content. iGo Sales and Marketing recommends a full legal review of your content before publication. iGo Sales and Marketing assumes no liability for publishing content on the internet approved by the customer.
In any case, any liability for any reason that may be deemed the responsibility of iGo Sales and Marketing shall be limited to the value of the design contract.
Payments
Terms of payment will be described in your quotation. It is iGo Sales and Marketing’s policy to provide you with final digital versions of the logo design upon receipt of final payment.
Accreditation & Promotion
iGo Sales and Marketing may use images of your logo for the purpose of promotion and examples of design portfolio in promotional materials unless specifically disallowed by you, the client in this contract.
Intellectual Property
iGo Sales and Marketing grants Client right and title as provided by this Agreement with respect to those Deliverables provided and accepted by Client upon full payment of final invoice under this contract.
Cancellation
Should you, the client, desire to cancel the contract at any time before completion, you will compensate iGo Sales and Marketing for Design and Development costs up to the point of cancellation, including travel time, consultation time, meeting time, and any other out of pocket expenses which may include outsourced labour, stock photos, any other expenses. This will be billed at $75 per hour and hard costs will be billed at cost plus 15%.
Relationship Of The Parties
Independent Contractor:
Designer is an independent contractor. Designer shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Design Agents:
Designer shall be allowed to use third party’s as independent contractors in connection with the Services (“Design Agents”). Designer shall remain fully responsible for Design Agents’ compliance with this Agreement.
No Exclusivity:
This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
Website Design General Terms And Conditions:
Scope Of Work:
Number Of Pages
As per your quotation, your website design project consists of a total number of pages specified in the package. Additional pages will be charged at a minimum of $100 per page depending on complexity.
Design And Layout
A design and layout will be chosen based on your input. The design and layout will be based on a standard free, or purchased WordPress design template. Some customizations will be made to the template to meet your design needs and overall appearance improvements, etc. Colours are generally an easy change and can be accommodated. Wholesale design changes require a custom CSS to be designed and developed by a graphic designer in conjunction with a web developer. This can be done but will add approximately $2500 to the project depending on complexity.
Revisions
iGo Sales and Marketing endeavors to make every customer 100% satisfied. You will be given at least two (2) opportunities to request changes and revisions. After the initial design and layout you will have the opportunity to review the overall look and feel and request design changes. Your second opportunity will be a final review of the website and content. Once these revisions and changes are made, any additional changes to the website will be billed at $75 per hour (with the exception of typo’s or spelling mistakes, or errors up to the first 30 days after publication and installation). Total time to complete revisions shall not exceed 4 hours. Revisions and re-designs requiring more than 4 hours work shall be billed at $75 per hour.
Images
Unless otherwise specified in the quotation, images for the website are supplied by you the client. iGo Sales and Marketing can purchase stock photos on your behalf at an additional charge. Photos range from$10-$60 each from iStock Photo. Finding, cropping and editing photos to make them suitable for inclusion in the website will be at an additional charge of $75 per hour. iGo Sales and Marketing can also arrange for a photographer to take images of your products and or place of business for an additional charge.
Any images provided by the customer, the customer certifies they have the license and or right to use the images on their website. iGo Sales and Marketing will accept no liability for copyright issues for customer supplied images and content.
Content
Website content will be provided by you, the client, unless otherwise specified in your quotation. iGo Sales and Marketing offers copywriting services and can write your web content for you. Copy-writing services start at $75 per page of approximately 250 words per page. Ask us for more details.
Logos
Unless otherwise specified in the quotation, you the customer, will supply a digital image suitable for use as your logo. iGo Sales and Marketing has logo design packages starting from $250 if you require a custom designed logo.
Installation
Included in your price is installation of your WordPress website on your web server. WordPress works best on Apache/Linux hosting. Additional charges may apply in Microsoft or other hosting environments. IT consulting time is billed at $75 per hour.
You will be provided with a backup of your old site if you require one.
Access And Hosting
You are responsible for providing iGo Sales and Marketing with usernames and passwords to your current WordPress installation (if you have one), your web host’s cPanel, and FTP access in order for iGo Sales and Marketing to install WordPress and your website on your web host.
If you do not have web hosting set up, iGo Sales and Marketing provides competitive hosting packages for an additional fee.
Search Engine Optimization
iGo Sales and Marketing builds your website to be search engine friendly, by making sure you have a sitemap and uploading it Google Webmaster Tools. However, unless otherwise specified in the quotation, SEO, keyword analysis and strategy is a service offered for an additional fee.
Ongoing Support
Unless otherwise specified in your quotation, the project does not include ongoing support and maintenance of your website. WordPress requires regular updates to the CMS and the Plugins on an ongoing basis to make sure it’s secure and operating properly. In addition, a weekly backup of your website is recommended. iGo Sales and Marketing provides ongoing support for a low monthly fee. Ask us for details.
Training
WordPress training is not included in your design project unless otherwise specified in your quotation. iGo Sales and Marketing offers one on one WordPress training and coaching for $50 per hour or will host a half or full day classroom training session at your facility for $500/half day, $900 for full day (plus travel expenses). Additionally, iGo Sales and Marketing provides training videos free of charge to our clients on our website.
Meetings And Consultations
During the design and development process there will be some need for communications via email and telephone to review content and provide for direction and approvals. This is included in project proposal. Should iGo Sales and Marketing be required to attend meetings at your site, conference calls, or web meetings to provide consultation, review strategy, presentations, or develop new content not specifically specified in your quotation, these services will be provided at an additional charge. Generally, $75 per hour plus travel expenses.
ECommerce Websites
eCommerce websites include the addition of a “shop”, “Cart” and “Checkout”. Each page of the ecommerce website will be designed according to the scope of work in this contract. In addition an eCommerce website shall include:
• Set up of Shop,Cart and Checkout
• Basic Paypal integration
• Basic Flat Rate shipping set up
• Upload of products supplied by the client.
eCommerce websites, unless included in the quotation do not include; special zone shipping, on site credit card processing, taking/editing product photos, writing product descriptions.
Client will provide iGo Sales and Marketing with a spreadsheet of products, appropriately formatted and with images attached for importation into the online shop.
Liability & Warranties
Liability
All design projects are reviewed by you, the client, before publication. Your final review constitutes your approval of the content. iGo Sales and Marketing recommends a full legal review of your content before publication. iGo Sales and Marketing assumes no liability for publishing content on the internet approved by the customer.
In any case, any liability for any reason that may be deemed the responsibility of iGo Sales and Marketing shall be limited to the value of the design contract.
Warranties
iGo Sales and Marketing warrants that your website design will work appropriately on the most current desktop version of Internet Explorer, Safari, Firefox and Google Chrome at the time of publication. Because of the wide range of scope and web browsers available past, present and future, iGo Sales and Marketing does not warrant that your website will display properly on older versions, future versions or browsers not specified here. There are also a wide variety of browsers available on mobile devices. While iGo Sales and Marketing makes every effort to make sure your website is responsive and works on many devices and screen sizes, iGo Sales and Marketing cannot guarantee the exact look across all platforms. Specific issues can be addressed for an additional charge.
iGo Sales and Marketing recommends keeping WordPress and Plugins updated to the latest version for security purposes. However, iGo Sales and Marketing does not warrant that all Plugins and coding will work on all future revisions of WordPress. Should a plugin and/or coding fail to work on a future version of WordPress your choice will be:
- Choose another plugin that does a similar function and works with the most current version
- Remove the functionality of that plugin
- Hire a coder to custom program the functionality of that plugin.
Payments
Terms of payment will be described in your quotation. It is iGo Sales and Marketing’s policy to provide you with all Administration passwords for your WordPress website upon receipt of final payment.
Accreditation & Promotion
iGo Sales and Marketing may use screen shots of your website for the purpose of promotion and examples of design portfolio in promotional materials unless specifically disallowed by you, the client in this contract.
Intellectual Property
iGo Sales and Marketing grants Client right and title as provided by this Agreement with respect to those Deliverables provided and accepted by Client upon full payment of final invoice under this contract.
Cancellation
Should you, the client, desire to cancel the contract at any time before completion, you will compensate iGo Sales and Marketing for Design and Development costs up to the point of cancellation, including travel time, consultation time, meeting time, and any other out of pocket expenses which may include outsourced labour, stock photos, any other expenses. This will be billed at $75 per hour and hard costs will be billed at cost plus 15%.
Relationship Of The Parties
Independent Contractor:
Designer is an independent contractor. Designer shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Design Agents:
Designer shall be allowed to use third party’s as independent contractors in connection with the Services (“Design Agents”). Designer shall remain fully responsible for Design Agents’ compliance with this Agreement.
No Exclusivity:
This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
Website Development Terms And Conditions (Hourly)
General
Website development projects are by nature a developmental process. Either new functionality and/or features are being developed custom for the client, or iGo Sales and Marketing is fixing/repairing/troubleshooting an existing installation. These types of projects are inherently unpredictable in terms of time. iGo Sales and Marketing makes every effort to complete the project in the number of hours estimated. However, website development projects are billed by the hour at the rate in your quotation. In the event your project reaches the budgeted time and cost, iGo Sales and Marketing will stop work and contact you for direction to either stop work or increase the budget.
While iGo Sales and Marketing makes no guarantee of total billable time or guarantee of total cost, iGo Sales and marketing will provide you with and estimate of allotted time per project time and also provide a billing summary detailing the same.
Images
Unless otherwise specified in the quotation, images for the website are supplied by you the client. iGo Sales and Marketing can purchase stock photos on your behalf at an additional charge. Photos range from$10-$60 each from iStock Photo. Finding, cropping and editing photos to make them suitable for inclusion in the website will be at an additional charge of $75 per hour. iGo Sales and Marketing can also arrange for a photographer to take images of your products and or place of business for an additional charge.
Any images provided by the customer, the customer certifies they have the license and or right to use the images on their website. iGo Sales and Marketing will accept no liability for copyright issues for customer supplied images and content.
Content
Website content will be provided by you, the client, unless otherwise specified in your quotation. iGo Sales and Marketing offers copywriting services and can write your web content for you. Copywriting services start at $75 per page of approximately 250 words per page. Ask us for more details.
Logos
Unless otherwise specified in the quotation, you the customer will supply a digital image suitable for use as your logo. iGo Sales and Marketing has logo design packages starting from $275 if you require a custom designed logo.
Access And Hosting
You are responsible for providing iGo Sales and Marketing with usernames and passwords to your current WordPress installation (if you have one), your web host’s cPanel, and FTP access in order for iGo Sales and Marketing to install WordPress and your website on your web host.
If you do not have web hosting set up, iGo Sales and Marketing provides competitive hosting packages for an additional fee.
Search Engine Optimization
iGo Sales and Marketing builds your website to be search engine friendly, by making sure you have a sitemap and uploading it Google Webmaster Tools. However, unless otherwise specified in the quotation, SEO, keyword analysis and strategy is a service offered for an additional fee.
Ongoing Support
Unless otherwise specified in your quotation, the project does not include ongoing support and maintenance of your website. WordPress requires regular updates to the CMS and the Plugins on an ongoing basis to make sure it’s secure and operating properly. In addition, a weekly backup of your website is recommended. iGo Sales and Marketing provides ongoing support for a low monthly fee. Ask us for details. If you want further support you may purchase one of our support plans or contract iGo Sales and Marketing on an hourly basis of $75/hour.
On Demand Pricing:
Email response: minimum .25 hours x $75 = $18.75 per email response
Phone Calls: minimum .25 hours billings x $75 = $18.75/ 15 minutes.
Training
WordPress training is not included in your design project unless otherwise specified in your quotation. iGo Sales and Marketing offers one on one WordPress training and coaching for $50 per hour or will host a half or full day classroom training session at your facility for $500/half day, $900 for full day (plus travel expenses). Additionally, iGo Sales and Marketing provides training videos free of charge to our clients on our website.
On Demand Training Pricing:
Email response: minimum .25 hours x $75 = $18.75 per email response
Phone Calls: minimum .25 hours billings x $75 = $18.75/ 15 minutes
Meetings And Consultations
During the design and development process there will be some need for communications via email and telephone to review content and provide for direction and approvals this time is billable as part of your project. Should iGo Sales and Marketing be required to attend meetings at your site, conference calls, or web meetings to provide consultation, review strategy, presentations, or develop new content not specifically specified in your quotation, these services will be provided at an additional charge. Generally, $75 per hour plus travel expenses.
Liability & Warranties
Liability
All design projects are reviewed by you, the client, before publication. Your final review constitutes your approval of the content. iGo Sales and Marketing recommends a full legal review of your content before publication. iGo Sales and Marketing assumes no liability for publishing content on the internet approved by the customer.
In any case, any liability for any reason that may be deemed the responsibility of iGo Sales and Marketing shall be limited to the value of this design contract.
Warranties
Original Work Done By IGo Sales And Marketing
If your project contains new work and development created by iGo Sales and Marketing, iGo Sales and Marketing warrants that your website design/functionality will work appropriately on the most current desktop version of Internet Explorer, Safari, Firefox and Google Chrome at the time of publication. Because of the wide range of scope and web browsers available past, present and future, iGo Sales and Marketing does not warrant that your website will display properly on older versions, future versions or browsers not specified here. There are also a wide variety of browsers available on mobile devices. While iGo Sales and Marketing makes every effort to make sure your website is responsive and works on many devices and screen sizes, iGo Sales and Marketing cannot guarantee the exact look across all platforms. Specific issues can be addressed for an additional charge.
iGo Sales and Marketing recommends keeping WordPress and Plugins updated to the latest version for security purposes. However, iGo Sales and Marketing does not warrant that all Plugins and coding will work on all future revisions of WordPress. Should a plugin and/or coding fail to work on a future version of WordPress your choice will be:
- Choose another plugin that does a similar function and works with the most current version
- Remove the functionality of that plugin
- Hire a coder to custom program the functionality of that plugin.
Due to the nature of WordPress being “dynamic” and that it dependent upon numerous factors such as: content entered by the client, your hosting provider, browser updates and changes, WordPress security patches, etc. Any fixes or development required will only be done within a support plan or billed at $75/hr.
Development Work To Fix Existing Installations
iGo Sales and Marketing does not warrant any work on existing installation for specific functionality or suitability to purpose. iGo Sales and Marketing will endeavor to fix any issues within the budget allotted. If additional work is required to fix/repair/upgrade your site to your satisfaction this work will be billed at $75 per hour.
Payments
Terms of payment will be described in your quotation. It is iGo Sales and Marketing’s policy to provide you with all Administration passwords for your WordPress website upon receipt of final payment.
ACCREDATION & Promotion
iGo Sales and Marketing may use screen shots of your website for the purpose of promotion and examples of design portfolio in promotional materials unless specifically disallowed by you, the client in this contract.
Intellectual Property
iGo Sales and Marketing grants Client right and title as provided by this Agreement with respect to those Deliverables provided and accepted by Client upon full payment of final invoice under this contract.
Cancellation
Should you, the client, desire to cancel the contract at any time before completion, you will compensate iGo Sales and Marketing for Design and Development costs up to the point of cancellation, including travel time, consultation time, meeting time, and any other out of pocket expenses which may include outsourced labour, stock photos, any other expenses. This will be billed at $75 per hour and hard costs will be billed at cost plus 15%.
Relationship Of The Parties
Independent Contractor:
Designer is an independent contractor. Designer shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Design Agents:
Designer shall be allowed to use third party’s as independent contractors in connection with the Services (“Design Agents”). Designer shall remain fully responsible for Design Agents’ compliance with this Agreement.
No Exclusivity:
This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
Google Adwords and PPC Marketing Services
This is not a fixed-term contract with IGo Sales and Marketing, however while iGo Sales and Marketing are managing your Google AdWords account the following terms and conditions apply:
- By entering this Agreement with iGo Sales and Marketing you give us permission to access your Google AdWords account for the purposes of optimization and management of your online business.
- iGo Sales and Marketing will endeavor to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
- For clarity, please note that:
- iGo Sales and Marketing is not Google, Google AdWords, Facebook or Yahoo;
- iGo Sales and Marketing is affiliated with Google by being a “Google Certified Partner”. However despite this affiliation with Google, iGo Sales and Marketing is a separate entity from Google.
- iGo Sales and Marketing will endeavor to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, iGo Sales and Marketing do not guarantee any particular rate of return or performance of any online advertising on Google AdWords (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google AdWords account for your business and/or websites.
- Google has the sole right to approve/disapprove your advertising account and the associated ad content. iGo Sales and Marketing will work with the client to try and obtain the best possible outcome for disputed ads and/or content, but the final decision always rests with Google. iGo Sales and Marketing makes no guarantees that any content and/or advertisement will be approved by Google.
- iGo Sales and Marketing is providing an internet marketing service for a competitive price. iGo Sales and Marketing is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:
- iGo Sales and Marketing will not be liable in any way for fines, penalties, taxes (except applicable HST/GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and
- The maximum liability of iGo Sales and Marketing to you is the lesser of:
- . the sum of Setup Fees and Management Fees you have paid to IGo Sales and Marketing, or
- the cost of re-supplying the online advertising services ; or
- the cost of rectifying the online advertising problem which has caused your loss.
- These Terms and Conditions are governed by the law in force in the Province of Ontario, Canada, and the parties irrevocably submit to the nonexclusive jurisdiction of the Province of Ontario, Canada and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
- If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
- To the extent that Copyright subsists in any text that we create for your AdWords account/s pursuant to this Agreement; We assign copyright in such text to you. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.
PAYMENTS
- The 50% of the Initial Set Up Fee is payable in before the setup of your Google AdWords accounts will begin. The remainder is due upon completion of the work described in the initial setup on your quotation.
- The Monthly Management Fee for your Google AdWords account will be charged in advanced on a Monthly basis.
- All payments in this Agreement are Canadian dollars and are plus applicable HST/GST.
- iGo Sales and Marketing reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days.
ACCREDATION & PROMOTION
iGo Sales and Marketing may use screen shots of your website, samples of ads or material created for you under this agreement for the purpose of promotion and examples of a design/advertising portfolio in promotional materials unless specifically disallowed by you, the client in this contract.
CANCELLATION
- Either party may suspend or cancel the management of your AdWords accounts at any time with 30 days written notice.
- Upon cancelling iGo Sales and Marketing’s management, all amounts owing to iGo Sales and Marketing will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
- If you decide to cancel or pause your management services with us then we require 30 days notice in writing to: info@igosalesandmarketing.com
- You can pause your management services for up to 4 weeks every 12 months. A pause that extends longer than this period will become a cancellation and 30 days notice to cancel will apply. A new setup fee will be charged if you intend to use our services again, once a cancellation has been processed.
- iGo Sales and Marketing Monthly management (with iGo Sales and Marketing management fees) is a separate service from the “per click” fees that Google AdWords will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords “per click” fees. iGo Sales and Marketing will not be liable for any amounts that Google AdWords charges you following the cancellation of your management with iGo Sales and Marketing. If you wish to cease advertising online at the same time that you cancel your IGo Sales and Marketing management, please notify your iGo Sales and Marketing in writing so that we can cancel your Google Adwords online advertising as well. Alternatively, you may choose to directly access your own Google Adwords account to arrange cancellation.
RELATIONSHIP OF THE PARTIES INDEPENDENT CONTRACTOR:
iGo Sales and Marketing is an independent contractor. iGo Sales and Marketing shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. iGo Sales and Marketing and the work product or Deliverables prepared by iGo Sales and Marketing shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
DESIGN AGENTS:
iGo Sales and Marketing shall be allowed to use third party’s as independent contractors in connection with the Services (“Design Agents”). iGo Sales and Marketing shall remain fully responsible for Design Agents’ compliance with this Agreement.
NO EXCLUSIVITY:
This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by iGo Sales and Marketing, and iGo Sales and Marketing shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by iGo Sales and Marketing.
Website Care Plan Terms And Conditions
Definitions
Support
Support includes updates of plugins and backup of your site. It also includes periodic optimizations as deemed necessary by iGo Sales and Marketing. Support also includes investigation and correction of problems and errors the site is experiencing up to the hour limit in your plan. Support also includes the restoration of your site from the most recent backup in the event of a total website crash, hack or infection. Support does not include training or modifications or installation of new features or functionality.
Training
Training includes coaching on “how do I…” , “can I…” types of questions. Generally the client is trying to make updates and modifications themselves and needs advice/training/consulting on how best to do it. This type of inquiry not an emergency and does not impact the original delivered operation of the website. Not all Website Care Plans include support hours that can be used for training.
Updates/Upgrades
Updates and upgrades are adding new features, operability or changing existing content on the website. This is generally NOT included in Website Care Plans and is billed separately.
Investigation
Client or user reports and issue. The issue has not been tested or confirmed and client is requesting iGo Sales and Marketing investigate the issue.
Questions
General questions are handled as training.
Deliverability Of Services
| Service | Timeframe | How to Receive Service |
| Support | Ongoing managed by iGo. Critical website operation issues will be responded to within 24 hours (not including weekends) | Call or email immediately if your website is down or not functioning or is infected with a virus. |
| Training | Training must be booked in advance. iGo will arrange a screenshare training/phone call in to cover the topics. Training will be delivered at an agreed upon time within 7 days. | Submit via email a list of questions and/or training items you’d like to cover and approximate date/times that would be convenient for training session. |
| Updates/Upgrades | Upgrades and updates must be requested in writing and timeframe will be confirmed by iGo Sales and Marketing upon receipt of written request. Service standard for text or image updates is 7 days. New features or functionality my take longer to develop and will be confirmed at the time of request. | Submit via email a list of changes/upgrade requested. |
| Investigation | Investigation will be completed within 7 days. | Submit via email a description of the reported problem with as much information as you know and what was reported. |
Website Support Hours
Your care plan will have a maximum hourly time block included in your Website Care Plan. All time required to Support, Train, Upgrade/Update and Investigate counts towards your hourly time block. General support (updates and backups) takes about 1 hour per month. Support, training, upgrades and updates are in addition to that. So for example if your plan includes 2 hours time block per month, then count on 1 hour being for general updates and backups and optimizations. The other hour may be used for training, updates/upgrades or investigation. Hours in excess of your plan block of time will be billed at the quoted rate. Development work is not included in Website Support Hours.
Testing And Monitoring
iGo Sales and Marketing is not on or testing your website every day. Basic testing and operability testing is done when updates are applied. While iGo Sales and Marketing has software to monitor the uptime of your website we are not testing and monitoring the look and operability of your website on a daily basis. Should you discover a problem, you should report it immediately.
Business Hours
All website care is provided during business hours which is Monday to Friday 9am to 5pm EST. Service outside of business hours (other than emergencies) will be billed at twice the standard hourly rate.
Specifically NOT Included In Website Care Plans:
Marketing, SEO, Graphic Design, Marketing Advice or consultations that do not involve the operation and maintenance of the website. Building of new features and functionality or installation and configuration of new software are also not included in our website care plans. New features and functionality will be quoted on a project basis. Google Ads management, email account setup and troubleshooting is also not included in our website care plans. We also do not provide support for setting up email on phones or other devices. Our responsibility is your website and web server.
Plugin Updates Vs. Plugin Upgrades (Replacement)
Plugin updates are updating your existing plugins to the latest version. This is included in all our plans. However, replacing a plugin with a new/better plugin is not “Support Time” this requires installing and configuring new software and implementing it within the existing design of your website and testing the new functionality. This is considered “Development Time” and is billable outside of your monthly plan.
